capacitizing yourself as an art law professional
TRANSCRIPT
Jon R. CavicchiProfessor & IP Librarian
©2012
According to the U.S. National Central Bureaus of Interpol, a branch of the U.S. Department of Justice, the annual dollar value of art theft is exceeded only by the trafficking of illegal drugs and arms. And often, the criminal networks that traffics the sale of art are the same networks that deal in other illegal transactions.
For Art Theft, Counterfeiting &
Piracy see IP Crimes and Museum Law
Research Pathfinders
For Art Theft, Counterfeiting &
Piracy see IP Crimes and Museum Law
Research Pathfinders
Attorneys
• West Legal Directory– 1300+ list art as area of practice– 1000+ publish on art topics– 900+ affiliated with lawyers for arts groups– 4000+ are affiliated with arts organizations
Think about what’s inside the box , then think outside the box
Most fun area of law to practice research skills
• Content is distributed globally• Spectrum of from information
overload to no legal authorities at your disposal
• Resort to Berring “Commando Legal Research Rules– Use a Human Being– Any Port in a Storm
• Often have to back into art law research through news
Define art : plain meaning rule • The expression or application of human creative skill and imagination,
typically in a visual form such as painting or sculpture• Works produced by such skill and imagination• The quality, production, expression, or realm, according to aesthetic
principles, of what is beautiful, appealing, or of more than ordinary significance.
• any field using the skills or techniques of art• the fine arts collectively, often excluding architecture• (1) the terms "art" and "arts" include, but are not limited to, architecture
(including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, communications media and film, as well as other similar activities which reflect the cultural heritage of the Nation's communities and their citizens; 42 U.S.C.A. § 8143
What is the scope of art law?
Scope of Art LawLerner : Practising Law Institute (PLI)
Scope of Art LawDuBoff Case Book
Click to see Table of
Contents
Click to see Table of
Contents
Legal Research
Tools and Strategies
So what type of project are you working on?
• Legal Research– Transactional– Litigation
• How to / training materials• Client awareness and education• Public Policy• News• Statistics• Public relations• Fundraising
Customize Westlaw for Quick Access to Art Law Content
Legal Research Pathfinders
• Georgetown • BU• Cleveland Marshall• Legal Research Exchange
Secondary Legal Sources
• Online Catalog Subject Headings– Artists– Arts– Law and Art
• Title searches• Keyword searches
Looseleaf Treatises always up to date…
Non-professional artist guides
Dedicated Art LawLegal Periodical Literature
• Cardozo Arts & Entertainment Law Journal • Columbia Journal of Law & the Arts• DePaul Journal of Art, Technology & Intellectual Property Law• Washington Journal of Law, Technology & Arts
Open WebOpen Web
Commercial Journal
Commercial Journal
Law Reviews
Law Reviews
Art law articles are in many journals
Art = Interdisciplinary
New Sources
Practice Materials : Forms
• Public records • Court Dockets, Records, Briefs and Filings• Expert Witness Analysis, Jury Verdicts &
Settlements • Bill tracking• Use alerts & RSS
Social Media : Linkedin Groups
Law Firm Art Law Practice Groups
Links to art law firms & other resources
Links to art law firms & other resources
Spectrum from open web to premium content
Look for compiled case law sources
• Keyword Searches• Secondary Sources• News Sources• Search for West Topics & Key Numbers
• 16 U.S.C. secs. 461 to 470aaa-11 (includes the Archaeological Resources Protection Act)These sections of Title 16 ("Conservation") concern the preservation and protection of important historic sites, buildings, objects, and antiquities.
Convention on Cultural Property Implementation Act, Pub. L. No. 97-446, secs. 301-15, 96 Stat. 2329, 2350-63 (1983) (codified at 19 U.S.C. secs. 2601-2613)This act implements the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property and authorizes the President to enter into bilateral agreements with party nations to prevent the import of certain "archaeological or ethnological material."
National Stolen Property Act, 18 U.S.C. secs. 2314-15This act prohibits, among other things, the knowing transportation or sale of stolen or fraudulently obtained merchandise (e.g., a work of art) worth $5,000 or more.
Abandoned Shipwreck Act of 1987, Pub. L. No. 100-298, 102 Stat. 432 (1988) (codified at 43 U.S.C. secs. 2101-2106)This act applies to abandoned shipwrecks in submerged state lands. It abrogates the law of finds and salvage; the United States takes title to these shipwrecks and then ownership is transferred to the state where the shipwreck is located.
18 U.S.C. sec. 668Prohibits the theft of major works of art and cultural objects from museums in the United States.
19 U.S.C. secs. 2091-2095Prohibits the importation of certain stone carvings and wall art that is the "product of a pre-Columbian Indian culture of Mexico, Central America, South America, or the Caribbean Islands."
Native American Graves Protection and Repatriation Act, Pub. L. No. 101-601, 104 Stat. 3048 (1990) (codified at 25 U.S.C. secs. 3001-13, 18 U.S.C. sec. 1170)This act protects Native American burial sites by prohibiting unauthorized excavation and trafficking in certain items, such as human remains and funerary objects. It also establishes a system for the repatriation of items removed prior to the effective date of the act.
22 U.S.C. sec. 2459Protects certain works of art and "other objects of cultural significance" imported into the United States for temporary exhibition at a museum or similar institution from seizure under judicial process.
Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541 (codified as amended at 17 U.S.C. secs. 101-805)Works of art are protected by U.S. copyright law. Provisions of this act apply to the creation, ownership, reproduction, and dissemination of works of art.
• 2 USC Congressional Recognition for Excellence in Arts Education• 16 National Park for the Performing Arts
Historic Sites, Buildings, Objects, and Antiquities• 18 Visual Arts Registry … art and cultural property theft • 19 -Importation Of Pre-Columbian Monumental or Architectural Sculpture or Murals • 20 Smithsonian Institution, National Museums and Art Galleries • American Indian, Alaska Native, and Native Hawaiian Culture and Art Development • 26 IRC Exemption for free lance authors, photographers, and artists• 36 American Academy of Arts and Letters • 40 Public Buildings, Property, and Works including culture and performing arts• 42 National Environmental Policy Congressional declaration of purpose dealing with
heritage and cultural preservation.• Commission of Fine Arts
– 18 C.F.R. secs. 1312.1-1312.21Regulations related to archaeological resources protection.
– 19 C.F.R. secs. 12.104-12.109Regulations governing the import of certain cultural property and pre-Columbian sculptures and murals.
– 25 C.F.R. secs. 262.1-262.8Regulations on Native American archaeological resources.
– 36 C.F.R. secs. 73.1-73.17World Heritage Convention regulations.
– 37 C.F.R. secs. 201.2-212.8Regulations promulgated by the U.S. Copyright Office governing copyright registration and other procedures, including regulations regarding the Visual Arts Registry and specific requirements for the registration of pictorial, graphic, and sculptural works.
– 43 C.F.R. secs. 3.1-3.17, 7.1-7.37, 10.1-10.17Regulations from the Department of the Interior regarding cultural property.
– 45 C.F.R. secs. 1100.1-1186.670Regulations related to the National Foundation on the Arts and Humanities.
• Title 19 Customs DutiesU.S. Customs and Border Protection• Title 22 Foreign RelationsStateVisas: Documentation of
Nonimmigrants• Title 25 IndiansIndian Arts and Crafts Board• Title 28 Bureau of Prisons, Department of Justice Inmate
RecreationArt• Title 32. National DefenseNavy Art Collection• Title 36. Parks, Forests, and Public PropertyFine Arts• Title 41. Public Contracts and Property ManagementArt-in-
Architecture• Title 45. Public WelfareFederal Council on the Arts and the
Humanities
Arts Related Organizations
Artists
“Preeminent copyright, licensing,
and monitoring organization for
visual artists in the United States”
“Preeminent copyright, licensing,
and monitoring organization for
visual artists in the United States”
Volunteer Lawyers for the Arts
U.S. Government
Academic
International Art Law : Policy• Five typical interests can be extracted from
the battle grounds of international art law: – global interests of the international civil
society, – national interests of states and nations
in preserving artworks of national significance in the home country,
– private interests of the owners of an artwork or the artists,
– interests of the artworks themselves, – market interests.
International Organizations
Stolen Art Work Registers
Image Database: International Cultural Property Protection
Interpol: Stolen Works of Art Looted Art -- Information Site Museum Security Network The Art Loss Register UNESCO -- World Heritage International Council of Museums
Foreign Laws
• Wexis have wildly inconsistent country coverage.
• No “art law around the world” resource• Cross reference Wexis
Staying up to date
• Develop you art law toolkit– Review on a regular basis
• Email newsletters• Blogs• RSS Feeds• Alerts – premium & open web
• Social networking• Face to face and Web 2.0
Google Reader in Plain English
In conclusion, change is constant so stay in touch with the Library…