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Since its first edition in 1979, Law, Ethics and the Visual Arts established itself as the leading art law text among law professors, students, and practitioners. This new and newly illustrated, fifth edition, revised in collaboration with Stephen K. Urice, incorporates recent changes in treaty, statutory, and case law. It includes discussion of recent developments from the resurgence of iconoclasm to military conflicts' depredations on cultural property. As in earlier editions, the authors present legal issues in their historical contexts.
The broad range of topics addressed in the 5th edition, makes the text especially adaptable for use in multiple classroom settings. These topics include:
In this edition, documents previously presented in a separate documentary appendix have been integrated into the text to provide immediate access to important treaties and other materials.
Whether you need to understand something as provocative as who owns the past, or something as mundane as whether a museum can sell a work of art to fix the roof, Law, Ethics and the Visual Arts provides the information you need. It combines unassailable scholarship with a deeply humanistic approach, recognizing that law and art each "impose a measure of order on the disorder of experience without stifling the underlying diversity, spontaneity, and disarray" (Paul Freund).
List of Illustrations, Acknowledgments, Introduction 1. PLUNDER, REPARATIONS, AND DESTRUCTION Plunder and Reparations, Cultural Reparations, Destruction of Works of Art 2. THE INTERNATIONAL TRADE IN ART The un free Trade in Cultural Property, International Trade Liberalization, Individual rights and fundamental freedoms, Trade in stolen and illegally exported Art, Treaty Limitations on the general rule, 3. WHO OWNS THE PAST? Antiquities policies and Realities: Contrasting Ethics and Antiquities, Ethics and Antiquities, The Law: Illegal Export of Antiquities, The Law: Theft of Antiquities, The Law: Nationalized Cultural Property, The effect of International Legislation 4. REPATRIATION OF CULTURAL PROPERTY The Role of International Organizations, Cultural Nationalism, Six Variations on the Repatriation Theme 5. THE ARTIST’S RIGHTS IN THE WORK OF ART The moral right, State moral rights legislation, The resale right 6. ARTISTIC FREEDOM Some Historical Examples, The Artist and the State I: The State as Censor, The Artist and the State II: The state as Consumer, The Artist and the State III: The State as Benefactor 7. THE ARTIST’S LIFE The Myth of the Lonely Artist, Defining the Artist, Living and Working as an Artist, Art as a Matter of Live and Death: Toxic Hazards, The Artist and the Lawyer, The Artist and the Museum, Commissioned Works of Art, Taxes 8. THE COLLECTOR The Acquisitions of Art: The Art Market, Consumer Protection and the Fine Arts, Theft and Artnapping, Taxes, Gifts to Charity and Appraisers, The Collectors Divorce, The Collectors Dies, The New Medici 9. MUSEUMS What is a Museum? The Legal Character and obligations of Museums, Museums as Real Estate Developers, Trustees Director and Staff, Selected Codes of Ethics, Deaccessioning, Final Considerations, Table of Cases, Table of Readings, Index