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General Art Law
Institute Art & Droit, Marché de l’art et Droit : un ouvrage collectif en l’honneur de François Duret-Robert (June 2021), written in French. This collective publication written by French experts on art market law is published in the memory of François Duret-Robert, major figure in the field. Authors are all specialists, whether academics, attorneys, notaries, and various professionals working in or for the art market. Available here.
Allen, Greg (ed.), The Deposition of Richard Prince – In the Case of Prince v. Cariou, et al (March 2013). “Edited by American artist and blogger Greg Allen, this book contains the published transcript of Richard Prince during the copyright infringement case against him by French photographer Patrick Cariou…In the transcripts, which cover several hours of questions and answers between Prince and the attorneys, he must defend and explain his method of working. This involves an in-depth and candid discussion about his career, life, motivations and so on quite an extraordinary encounter, considering that the artist seldom gives interviews.”
Andina, Tiziana, Brill Research Perspectives in Art and Law, Bohlin Carr, (Dec. 2015). The interdisciplinary English language journal Art and Law aims to gather contributions to the debate at the intersection of art and law. “The focus of the journal involves all the aspects (philosophical, juridical, sociological, technological and cultural) characterizing the relationship between art and law. Each issue will be intended as a monographic volume devoted to a specific topic.” “The journal is conceived for a specialized audience, both graduate students and scholars working in the areas of law, art, philosophy, art criticism, history of art, cultural criticism, social sciences.” The first issue of the journal was published in 2017, and as of 2018 there will be four issues released each year.
Baldini, Andrea, Philosophy Guide to Street Art and the Law (December 2018). What is the relationship between street art and the law? In A Philosophy Guide to Street Art and the Law, Andrea Baldini argues that street art has a constitutive relationship with the law. A crucial aspect of the identity of this urban art kind depends on its capacity to turn dominant uses of public spaces.
Ben-Dor, Oren, ed., Law and Art: Justice, Ethics and Aesthetics (August 2011). “In engaging with the full range of the arts, contributors to this volume consider the relationship between law, justice, the ethical and the aesthetic…. The insights presented in this collection disturb and supplement conventional accounts of justice, inaugurating new possibilities for addressing the origin of violence in our world.”
Boesch, Bruno and Sterpi, Massimo, eds.,The Art Collecting Legal Handbook (May 2013). “Each chapter of The Art Collecting Manual addresses a number of issues from the perspective of a different jurisdiction to help collectors [from] making errors that could be potentially illegal. The format of the chapters follow a question and answer style thus enabling readers to make quick and accurate comparisons in multiple jurisdictions covering property law, insurance, customs, tax, inheritance, intellectual property and more.”
Bonadio, Enrico, The Cambridge Handbook of Copyright in Art and Graffiti (Nov. 2019). This book introduces the number of conflicts related to copyrights in street art and graffiti. A group of experts in this book provides analyses on legal issues regarding street art copyright, such as misappropriations of street art by corporate advertising campaigns and destructions of mural arts.
Bregman, Alexandra, The Bouvier Affair: A True Story (Apr. 2019). A new book covers the legal battle between Russian mining oligarch Dmitry Rybolovev and Swiss art warehouse magnate Yves Bouvier, ongoing around the world since Bouvier was first arrested in Monaco in February of 2015. Due to his deceptive commission structure in Rybolovlev’s acquisition of 37 masterpiece paintings?, ?Bouvier stood accused of money laundering and wire fraud. Now, the widely reported series of events has been condensed and dissected in The Bouvier Affair: A True Story.
Crawford, Tad, Business and Legal Forms for Illustrators (Feb. 2016). As a handy resource, containing twenty-nine of the most commonly used business and legal forms likely to be used by today’s illustrators.
Dietachmair, Philipp, ed., The Art of Civil Action(May 2018) Text by Andrew Barnett, Llorenç Bonet, llya Budraitskis, Giuliana Ciancio, Milena Dragicevic, Pascal Gielen, et al. How the arts can be the spark that fuel the democratic process? The Art of Civil Action takes the view that art helps addressing political and social issues, reveals the potential in democratic societies, and contributes to civil action and initiative. A group of social scientists, artists, and activists explore the intricacies of public domain, civil action, and democracy.
DuBoff, Leonard D., Murray, Michael D. & Burr, Sherri, Art Law: Cases and Materials (Apr. 2010). “Designed as a primary text for courses on Law and the Visual Arts, Cultural Property Law, or Cultural Heritage Law, the three-part framework of this highly readable casebook explores Artists’ Rights, Art Markets, and the International Preservation of Art and Cultural Property. ”
Duboff, Leonard D. and Tugman, Sarah. J,The Law (in Plain English) for Collectors: A Guide for Lovers of Art and Antiques (Nov. 2018). The authors provide helpful advice on all things legal when it comes to art, antiques, and other collectibles. Whether readers are into coins or Queen Anne furniture, paintings or vintage books, this guide contains useful and practical information readers need to know to protect and enjoy their collections. Among other important concerns, readers will learn how to navigate purchases and customs, select insurance plans, properly file taxes, loan out pieces to galleries, museums, and shows, and bestow work to future generations.
Findlay, Michael, The Value of Art: Money, Power, Beauty (Apr. 2014). In The Value of Art, internationally renowned art dealer and market expert Michael Findlay offers a lively and authoritative tour of the art world informed by almost a half-century in the business and a passion for great art. With style and wry wit, Findlay explores how art acquires value?both commercial and social?and how these values circulate among the artists, dealers, and collectors that comprise today’s complex and constantly evolving art world. In the process he demystifies how art is bought and sold while also constantly looking beyond sales figures to emphasize the primacy of art’s essential, noncommercial worth. Coloring his account with wise advice, insider anecdotes involving scoundrels and scams, stories of celebrity collectors, and remarkable discoveries, Findlay has distilled a lifetime’s experience in this indispensible guide for today’s art lover.
Fine, Gary A.,Talking Art: The Culture of Practice & the Practice of Culture in MFA Education (Aug. 2018). The author dives into how today’s contemporary Master’s Degrees in Fine Arts (“MFA”) shifted the goal of creating art away from beauty and toward theory. The book explores the nature, content, and purpose of MFA degrees in the United States and how artists are trained to think rather than be curious.
Gayton, C., Guide to Copyrights & Trademarks for CryptoCreatives (Kindle, Jan. 2019). This guide is intended to introduce basic contract, copyright and trademark concepts for the benefit of creatives in the crypto community. It covers the art and music market, provides an introduction to contracts and smart contracts, and briefly explains copyright and trademarks.
Gerstenblith, Patty, Art, Cultural Heritage, and the Law: Cases and Materials (Jul. 2012). This comprehensive legal casebook “addresses artists’ rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).”
Hammer, J., The Bad-Ass Librarians of Timbuktu: And Their Race to Save the World’s Most Precious Manuscripts(Simon & Schuster, 2017).“Part history, part scholarly adventure story, and part journalist survey….Joshua Hammer writes with verve and expertise” (The New York Times Book Review) about how Haidara, a mild-mannered archivist from the legendary city of Timbuktu, became one of the world’s greatest smugglers by saving the texts from sure destruction.
Harston, Barnet, The Trial of Gustav Graef, Art, Sex, and Scandal in LateNineteenth-Century Germany (November 2017). This book covers the largely ignored “1885 trial of German artist Gustav Graef.” Graef, a celebrated sixty-four-year-old portraitist, was accused of perjury and sexual impropriety with underage models. On trial alongside him was one of his former models, the twenty-one-year-old Bertha Rother, who quickly became a central figure in the affair. The Graef trial, however, was much more than a salacious story that served as public entertainment. The case inspired fierce political debates long after a verdict was delivered, including disputes about obscenity laws, the moral degeneracy of modern art and artists, the alleged pernicious effects of Jewish influence, legal restrictions on prostitution, the causes of urban criminality, the impact of sensationalized press coverage, and the requirements of bourgeois masculine honor.”
Herman,Amy E., Visual Intelligence: Sharpen Your Perception, Change Your Life, Eamon Dolan/Mariner Books(May 9, 2017). In her celebrated seminar, The Art of Perception, art historian Amy Herman has trained experts from many fields to perceive and communicate better. By showing people how to look closely at images, she helps them hone their “visual intelligence,” a set of skills we all possess but few of us know how to use effectively. She has spent more than a decade teaching doctors to observe patients instead of their charts, helping police officers separate facts from opinions when investigating a crime, and training professionals from the FBI, the State Department, Fortune 500 companies, and the military to recognize the most pertinent and useful information.
Hick, Darren Hudson & Schumücker, Reinold (editors), The Aesthetics and Ethics of Copying (December 2017). Brings the topic of copying into the philosophical domain for the first time, highlighting its philosophical relevance and establishing the aesthetic, ethical, and legal factors underlying the question of copying in the 21st century.
Hobbs, S. – Catalogue Raisonné, Thomas Wilmer Dewing: Beauty into Art (2018). A much-needed reference on an important American artist, this beautifully illustrated boxed reference set covers the entirety of Dewing’s life and works.
Hoffman-Curtius, Kathrin, Judenmord: Art and the Holocaust in Post-war Germany(2018). In this book originally published in German and now available in English, Hoffman Curtius sheds light on works of German art made 20 years after WWII that address the Holocaust and its aftermath.
Huygebaert, S., Martyn, G., Paumen, V., Bousmar, E., Rousseaux, X. (Eds.), The Art of Law: Artistic Representations and Iconography of Law and Justice in Context, from the Middle Ages to the First World War(2018). How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing.
Iskin, R., Re-envisioning the Contemporary Art Canon: Perspectives in a Global World, (December 2016). In discussions of the canon of art history, the notion of ‘inclusiveness’, both at the level of rhetoric and as a desired practice is on the rise and gradually replacing talk of ‘exclusion’, which dominated critiques of the canon up until two decades ago. Thirteen essays present case studies of consecration in the contemporary art field, and three discussions present diverse positions on issues of the canon and consecration processes today.
Kaye, Lawrence and Howard Spiegler, eds.,The Art Law Review, Law Business Research (Jan. 2021). Co-edited by the “Deans of Art Law,” this is the inaugural edition of The Art Law Review. published with the intention of gathering information from lead art law practitioners from all over the world, including Massimo Sterpi, William Charron, Katharina Garbers-von Boehm, our founder Irina Tarsis and one of our advisors, Yael M Weitz. The Review is divided into two sections, one focusing on select areas of art law, and another focusing on specific jurisdictions (USA, Switzerland, Russia, etc). The field has developed to become a significant specialty in the law, as collectors, galleries, auction houses, museums and everyone else involved with art have expanded their reach throughout the world; this volume compiles many of the advancements in the field. Available here.
Kearns, Paul, Freedom of Artistic Expression: Essays on Culture and Legal Censure(October 2013). “Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. US law, English law, French law, the law of the European Convention on Human Rights, EU law, and public international law are all closely scrutinized to discover the extent to which they offer protection for artistic freedom. Kearns also examines domestic and international law in respect to artists’ moral rights, the law of copyright, and related laws.”
Kee, Joan, Models of Integrity, Art and Law in Post-Sixties America (March 2019). Models of Integrity examines the relationship between contemporary art and the law through the lens of integrity. In the 1960s, artists began to engage conspicuously with legal ideas, rituals, and documents. The law—a primary institution subject to intense moral and political scrutiny—was a widely recognized source of authority to audiences inside the art world and out.
Lavizzari, Carlo S. and Viljoen, René, Cross-Border Copyright Licensing, (2018). This legal guide provides a thorough and comprehensive explanation of worldwide legislation and issues related to copyright licensing. It includes key considerations in matters of choice of law, antitrust, and tax law, and it is an essential resource for understanding the legal environment surrounding copyright law in a transnational world, collective societies, and moral rights.
Lazerow, Herbert, Mastering Art Law (December 2014). “This book tracks all published art law casebooks. It begins by asking what art is, and why there should be special rules for it.” “This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.”
Lerner, Ralph; Bresler, Judith; and Wierbicki, Diana, Art Law: The Guide for Collectors, Investors, Dealers & Artists, PLI Press (5th Ed., Aug. 2020). From artists to auction houses, from attorneys to appraisal experts, from dealers to collectors — every segment of the art world has found practical guidance and crucial insights in the previous editions of Art Law. Now thoroughly revised, updated, and expanded, the new Fifth Edition provides more clear, readable coverage than ever before. GET 25% OFF USING THE CODE PHR0 CAL25.
Manderson, Desmond, Law and the Visual: Representations, Technologies, and Critique (May 2018). In Law and the Visual, leading legal theorists, art historians, and critics come together to present new work examining the intersection between legal and visual discourses. Proceeding chronologically, the volume offers leading analyses of the juncture between legal and visual culture as witnessed from the fifteenth to the twenty-first centuries. Editor Desmond Manderson provides a contextual introduction that draws out and articulates three central themes: visual representations of the law, visual technologies in the law, and aesthetic critiques of law.
Manderson, Desmond, Danse Macabre (April 2019). This vibrantly interdisciplinary book provides close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point, the author puts these works of art into a complex dance with legal and social history, and with recent developments in legal and art theory.
Marlow, Elizabeth, Shaky Ground: Context, Connoisseurship and the History of Roman Art (Debates in Archaeology)(2013). This book argues that the current legal and ethical debates over looting, ownership and cultural property have distracted us from the epistemological problems inherent in all ancient artworks lacking a known findspot, problems that should be of great concern to those who seek to understand the past through its material remains.
McCutcheon, J. and McGaughey F. (Ed.), Research Handbook on Art and Law (2020). Featuring international contributions, this Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It provides discussions that bring together multiple perspectives across various manifestations, across diverse legal regimes, fields, contexts, and times.
Merryman, John Henry, Urice, Stephen K. &Elsen, Albert E., Law, Ethics and the Visual Arts (January 2007). “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.”
Milosch, Jane and Pearce, Nick,Collecting and Provenance: A Multidisciplinary Approach (October 2019). To promote the study of the history of collecting and collections in all their variety through the lens of provenance and explore the subject as a cross-disciplinary activity, this book draws on expertise ranging from art history and anthropology, to natural history and law, looking at periods from antiquity through the 18th century and the Holocaust era to the present, and materials from Europe and the Americas to China and the Pacific.
Mosimann, P. (ed.), Kultur Kunst Recht – Swiss and International Law (2020). The manual fills a gap in the specialist literature. It offers a comprehensive and competent presentation of legal questions in the field of culture and art. A detailed appendix with normative texts, unpublished jurisprudence, newspaper clippings and illustrations of exemplary works increases the practical benefits.
New York Foundation for the Arts, The Profitable Artist, (Aug. 2018). The second edition of NYFA’s guide for the profitable artists identifies common problems; examines specialized areas of strategic planning, finance, marketing, law, and fundraising; reflects changes in the legal and financial landscapes, such as the vast shift in the tools and culture of both social media and fundraising; and outlines proven planning methodologies from the startup community.
Parisi, Paolo, Basquiat: A Graphic Novel (May 2019). Delve into 1980s New York as this vivid graphic novel takes you on Basquiat’s journey from street-art legend SAMO to international art-scene darling, up until his sudden death. Told through cinematic scenes, this is Basquiat as seen through the eyes of those who knew him, including his father, Suzanne Mallouk, Larry Gagosian and, most importantly, the man himself.
Pierrat, E., L’auteur, ses droits et ses devoirs, (May 2020). Censorship, ownership of the original manuscripts, distinction of fiction versus real characters, and a number of other obstacles stand in the way of those who hope to write and be published. This publication discusses the legal issues of the different phases of publishing a work such as the conclusion of the contract, the remuneration of the writer, the risks of defamation, and the adaptations of novels to films. Written in French.
Polack, Emmanuelle,Le Marché de l’Art Sous l’Occupation (Feb 2019). German occupation, the art market flourished. Goods are flocking, some of them coming from spoliations of Jewish families. Emmanuelle Polack draws a precise picture of the art market under the Occupation, unfolding an impressive gallery of protagonists – merchants, auctioneers, antique dealers, experts, brokers, buyers, curators.
Prowda, Judith B., Visual Arts and the Law: A Handbook for Professionals (Handbooks in International Art Business) (July 2013). The topics addressed include: freedom of expression and controversial art, rights of privacy and publicity, copyright, moral rights, artist resale rights, the artist-dealer relationship, commissions, auctions, expert opinions (appraisal and authentication) and title problems and stolen art.
Ragai, J. and T. Shoeib, Technical Art History: A Journey Through Active Learning, WSPC (May 2021). In the last few years, the problems of authenticity in paintings have reached untenable proportions in tandem with a lack of understanding from connoisseurs and collectors of the insights that modern scientific investigation can offer. In some cases, because of this lack of knowledge, the results of scientific analysis are treated with suspicion. The art world has gradually come to realize the need to develop educational programs that aim at improving the technical know-how of collectors, connoisseurs, and young students who seek work as art scientists. As an introductory textbook, Technical Art History is an essential contributor to addressing this need. Available here.
Resnik, J.,Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms, (January 2011). By mapping the remarkable run of the icon of Justice, a woman with scales and sword, and by tracing the development of public spaces dedicated to justice—courthouses—the authors explore the evolution of adjudication into its modern form as well as the intimate relationship between the courts and democracy.
Rimmer, Matthew(editor), Indigenous Intellectual Property (December 2015). This handbook is a compilation of contributions from experts in the fields of Indigenous law and policy with a focus on copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The book examines developments on the national scale in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The contributions provide an overview of the historical origins of conflicts over Indigenous knowledge and assess future challenges arising from developments in information technology, biotechnology, and climate change.
Roodt, Christina, Private International Law, Art and Cultural Heritage,(June 2015). Covering issues from restitution to material heritage and provenance, the author reveals how private international law can improve methods of dispute resolution. She explores how the law can be better tailored to address issues in illicit trade of cultural objects and title laundering. This book offers unique and refreshing perspectives for international policymakers, adjudicators, law enforcement officials, and legal scholars.
Rooney, Sierra Jennifer Wingate, Harriet F. Senie (Eds.), Teachable Monuments: Using Public Art to Spark Dialogue and Confront Controversy, Bloomsbury Visual Arts (2021). The essays included in this anthology offer guidelines and case studies tailored for students and teachers to demonstrate how monuments can be used to deepen civic and historical engagement and social dialogue. Essays analyze specific controversies throughout North America with various outcomes as well as examples of monuments that convey outdated or unwelcome value systems without prompting debate. Available here.
Saltz, Jerry, How to Be an Artist, (March 2020). How to Be An Artist is an indispensable book of practical inspiration for creative people of all kinds. Brimming with dozens of brand new rules, prompts, exercises, and tips designed to break through creative blocks, ignite motivation, and conquer bad habits, this book is designed to help artists of all kinds – painters, photographers, writers, performers – realize their dreams.
Schrage, Eltjo, Tilleman, Bernard, Verbeke, Alain & Demarsin, Bert (editors)Art & Law (December 2008). The essays in this publication were offered in a course of lectures and seminars at the Catholic University of Louvain by a group of Belgian and Dutch art law experts. These essays offer a perspective on problems old and new confronting those interested in the relationship between art and law. The topics covered extend from preservation of archaeological heritage to droit de suit, artistic freedom, erotic art, art in time of war, the moral rights of artists, and much more.
Schrijver, Eric, Copy This Book(March 2019). Copy this Book is an artist’s guide to copyright, written for makers. Both practical and critical, this book will guide artists through the concepts underlying copyright and how they apply in their practice. The book details the concepts of authorship and original creation that underlie our legal system.
Scott, Katie, Becoming Property, Art, Theory, and Law in Early Modern France, Yale University Press (Nov. 2018). This book investigates the relationship between intellectual property and the visual arts in France from the 16th century to the French Revolution. It charts the early history of privilege legislation (today’s copyright and patent) for books and inventions, and the translation of its legal terms by and for the image.
Shing, Liu Heung, A Life in a Sea of Red(Steidl, 2019). This book contains the two most important bodies of work by Pulitzer-Prize-winning photojournalist Liu Heung Shing: photos of the pivotal decades of Communism in China and Russia, made between 1976 and 2017. The photojournalist was present throughout the protests in Tiananmen Square which began on April 15, 1989 and did not end until June 4th. The images by the artist have never been displayed in China, due to the government’s censorship.
Tepper, StephenNot Here, Not Now, Not That: Protest over Art and Culture in America(July 2011). Utilizing over 71 cases, Stephen J. Tepper puts the microscope on art controversy in the United States in order to pose the question, why do certain works lead to protest? With the defunding of the National Endowment of the Arts a renewed possibility, Tepper’s studies of the local disputes surrounding public funding and exhibition provides an analysis of the local controversies that constitute what we understand as the “culture war” that put public arts in the crosshairs in the ‘90s.
Tompkins, Arthur, The Provenance Research Handbook, (Apr. 2020). This is the first accessible reference handbook to cover key aspects of provenance research for the international art market. It guides the reader from a basic introduction to research methods to questions of ethics and the challenges of specific case histories and contexts.
Thompson, Don, The $12 Million Stuffed Shark: The Curious Economics of Contemporary Art (April 2010). Why would a smart New York investment banker pay $12 million for the decaying, stuffed carcass of a shark? By what alchemy does Jackson Pollock’s drip painting No. 5, 1948 sell for $140 million? Intriguing and entertaining, The $12 Million Stuffed Shark is a Freakonomics approach to the economics and psychology of the contemporary art world. Why were record prices achieved at auction for works by 131 contemporary artists in 2006 alone, with astonishing new heights reached in 2007? Don Thompson explores the money, lust, and self-aggrandizement of the art world in an attempt to determine what makes a particular work valuable while others are ignored.
Wagner, Ethan and Wagner, Thea Westreich,Collecting Art for Love, Money and More (April 2013). Arranged into ten topics that are approached through a key question and answer format, art advisors Thea Westreich Wagner and Ethan Wagner offer an accessible yet unrivaled insider’s view into the often opaque world of collecting art, drawing from their extensive experience in working with collectors and institutions of contemporary art.
Werbel, Amy,Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock (April 2018). Anthony Comstock was America’s first professional censor. From 1873 to 1915, as Secretary of the New York Society for the Suppression of Vice, Comstock led a crusade against lasciviousness, salaciousness, and obscenity that resulted in the confiscation and incineration of more than three million pictures, postcards, and books he judged to be obscene. But as Amy Werbel shows in this rich cultural and social history, Comstock’s campaign to rid America of vice in fact led to greater acceptance of the materials he deemed objectionable, offering a revealing tale about the unintended consequences of censorship.
Werner, Gephart & Jure, Leko (editors), Law and the Arts(May 2017). If we dare to relate law and the arts, we should be aware of the possible danger arising from the commingling of their respective spheres – and yet there are many insights to be gained from confronting them in philosophical-sociological reflection. As the broad topical variety of contributions on literature, visual arts, film, music, and architecture in this volume serves to show, we are thus learning about law from art and acquiring a deeper understanding of the peculiarity of the arts from law.
Williams, P., The Dinosaur Artist: Obsession, Betrayal, and the Quest for Earth’s Ultimate Trophy, (September 2018). In 2012, a New York auction catalog boasted an unusual offering: “a superb Tyrannosaurus skeleton.” In fact, Lot 49135 consisted of a nearly complete T. bataar, a close cousin to the most famous animal that ever lived. At eight-feet high and 24 feet long, the specimen was spectacular, and when the gavel sounded the winning bid was over $1 million. This publication explores humans’ relationship with natural history and a seemingly intractable conflict between science and commerce
Wilson, Martin, Art Law and the Business of Art(November 2019). Art Law and the Business of Art is a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. Written by Martin Wilson, an art lawyer with over 20 years’ experience in the field, it outlines and explains the relevant law and how the art business operates in practice, as well as offering a discussion of the most pressing ethical questions involving artworks.
Artists’ Rights
Bowman, Ethan, NFT & Crypto Art: A Guide for Creating, Selling and Investing in your Digital Collectibles (Independently Published, July 9, 2021). A new title, spotted just in time for our “Some like it Digital” webinars on the subject of digital disruptions of the art world. If you are interested in the digital space and art law, tell us what you think about this self-published text from a digital artist and designer turned writer. For your library: Kindle. Paperback.
Congdon, Lisa, Art, Inc.: The Essential Guide for Building Your Career as an Artist (Art Books, Gifts for Artists, Learn The Artist’s Way of Thinking) Chronicle Books (Aug. 2014). In this practical guide, professional artist Lisa Congdon reveals the many ways you can earn a living by making art—through illustration, licensing, fine art sales, print sales, teaching, and beyond. Including industry advice from such successful art-world pros as Nikki McClure, Mark Hearld, Paula Scher, and more, Art, Inc. will equip you with the tools—and the confidence—to turn your passion into a profitable business.
Galleries and Private Collections
Georgina Adam, The Rise and the Rise of the Private Art Museum, Lund Humphries (Feb. 25, 2022). Finished your backlog of publications and need to get some fresh off the press material? Consider pre-ordering the latest from the prolific art world insider, Georgina Adam. Her newest work is looking at the raison d’être of private museums. Spoiler alert: its about taxes and more. Available here:Hardcover. Kindle.
Adam, Georgina, Dark Side of the Boom: The Excesses of the Art Market in the 21st Century (2018)
Adam, Georgina, Big Bucks: The Explosion of the Art Market in the 21st Century (2016)
Bowron, Edgar Peters, Buying Baroque: Italian Seventeenth-Century Paintings Come to America,Penn State University Press & The Frick Collection (Mar. 2017). This collection of ten essays examines the history and popularity of Italian Baroque art in Americafrom the 18th to the 20th century. “A wide-ranging, in-depth look at the collecting of seventeenth- and eighteenth-century Italian paintings in America, this volume sheds new light on the cultural conditions that led collectors to value Baroque art and the significant effects of their efforts on America’s greatest museums and galleries.”
Crawford, Tad & Susan Mellon, The Artist-Gallery Partnership(Revised ed., May 2008). This books offers a “clear explanation of the consignment contracts that lie at the heart of the relationship between artists and galleries. Updates include the latest developments in state laws and all of the current statutes in the 32 states that have laws regarding consignment sales. A thorough discussion of the Standard Consignment Agreement, covering agency, consignment, warranties, transportation, insurance, pricing, gallery commissions, promotion, return of art, and more, plus a ready-to-use contract, is included.”
Charney, Noah, The Devil in the Gallery: How Scandal, Shock, and Rivalry Made the Art World, Rowman & Littlefield Publishers (Aug. 2021). This book is a guided tour of the history of art through its scandals, rivalries, and shocking acts, each of which resulted in a positive step forward for art in general and, in most cases, for the careers of the artists in question. In addition to telling dozens of stories, lavishly illustrated in full color, of such dramatic moments and arguing how they not only affected the history of art but affected it for the better, the book also examine the proactive role of the recipients of these intentionally dramatic actions: The art historians, the critics and even the general public. Available here.
DuBoff, Leonard D. and Christopher Perea, The Law (in Plain English) for Galleries: A Guide for Selling Arts and Crafts Paperback, Allworth (June 16, 2020). This helpful guide provides clear explanations and examples of real cases to furnish readers with a strong understanding of their obligations and vulnerabilities. Updated to reflect recent changes in the market and technology, this new edition is the go-to guide for all aspects of running a gallery. Available in paperback & on Kindle.
Moustaira, Elina,Art Collections, Private and Public: A Comparative Legal Study,Springer (February 2015). This book is a comparative legal study of the private and public art collections in various states of the world, covering the most important issues that usually arise and focusing on the differences and the similarities of the national laws in the treatment of those issues.
Rozell, Mary, The Art Collector’s Handbook, Lund Humphries, 2nd ed. (Oct. 1, 2020). Mary Rozell draws on her long experience as an art collection professional and an art lawyer to illuminate some of the myriad issues that arise when owning an art collection. Fully revised since its first publication in 2014 to reflect the many changes which have taken place in the art market, in art law, and in the practice of collecting, it now includes a completely new chapter on private museums. Available here: Paperback and Kindle.
Winkleman, Edward,How to Start and Run a Commercial Art Gallery (July 2009). “Winkleman draws on his years of experience to explain step by step how to start your new venture. Chapters detail how to: write a business plan; find start-up capital; find your ideal locale; renovate the space; manage cash flow; promote and grow your new business; attract and retain artists and clients; hire and manage staff; [and] represent your artists.”
Museums
Amore, Anthony M., The Woman Who Stole Vermeer: The True Story of Rose Dugdale and the Russborough House Art Heist, Pegasus Crime (Nov. 10, 2020). This book tells the extraordinary life and crimes of heiress-turned-revolutionary Rose Dugdale, who in 1974 became the only woman to pull off a major art heist, from her idyllic upbringing in Devonshire and her presentation to Elizabeth II as a debutante to her university years and her eventual radical lifestyle. Her life of crime and activism is at turns unbelievable and awe-inspiring, and sure to engross readers.
Costamagna, Philippe, The Eye: An Insider’s Memoir of Masterpieces, Money, and the Magnetism of Art, (2018) Tr. by Frank Wynne An insider’s view into the “rarified world of connoisseurs devoted to the authentication and discovery of Old Master art works,” ARTnews calls it a “picaresque tale” by an expert who “has been driven to follow a passion outside the money game of art.” An art adventure story and memoir all-in-one, the book focuses on author’s foray into authentication in the furtherance of both the art market and scholarship. Costamagna is a specialist in 16th century Italian painting and director of the Musée des Beaux Arts in Ajaccio, Corsica.
Gaillemin, Jean-Louis, Trop Beau Pour Etre Vrai(Oct. 2019). This book tells the story of fakes, from the Renaissance through recent stories that shake up museums, experts, and the art world, including recognized institutions such as the Metropolitan Museum of New York, the British Museum, the Louvre Museum and Versailles
Gouyette, Cyrille, Sous le Street Art, le Louvre: Quand l’Art Classique inspire l’Art Urbain (Oct. 2019). Classical art has always been a source of inspiration for contemporary creation, especially as reinvented by urban artists. Whether it be for simple allusions, political demands, or social projects, street art appropriates museum collections into a modern take on contemporary problems.
Haase, Sven, Biografien Der Bilder: Werke Und Provenienzen Im Museum Berggruen (January 2019).At the end of a three-year provenance research project, the Nationalgalerie and the Zentralarchiv will present an exhibition in the Berggruen Museum, which tells little known biographies of paintings, drawings, and sculptures by Pablo Picasso, Paul Klee, Henri Matisse and Georges Braque. How does a work of art become popular? Who were the owners? Under what circumstances did it change its owners?
Jandl, Stefanie S.(ed.), Collections and Deaccessioning (Feb. 2021) Collections and Deaccessioning explores the deaccessioning museum practice in a post-pandemic world, and how museums will or must be different after COVID-19. The book consists of three volumes: Conversations with Museum Directors; Towards a New Reality; and Case Studies. Collections and Deaccessioning in a Post-Pandemic World is a major new 950-page resource which draws on the experience and thinking of some of the world’s most experienced and respected museum professionals.
Jenkins, Tiffany, Keeping Their Marbles(May 2016). In Tiffany Jenkins’ new strongly-worded essay on repatriation, she traces the sometimes messy histories of how artifacts ended up in Western museums. The book is written amid an increase in repatriation cases over the last few decades, a recent phenomenon that Jenkins assesses. Controversially, Jenkins argues in favor of the museum as crucial centers for knowledge and culture, and for these artifacts to stay in them.
Joyner, Andrew (Illustrator),Dr. Seuss, Dr. Seuss’s Horse Museum(September 2019). Based on a manuscript and sketches discovered in 2013, this book is like a visit to a museum—with a horse as your guide! Discover full-color photographic art reproductions of pieces by Picasso, George Stubbs, Rosa Bonheur, Alexander Calder, Jacob Lawrence, Deborah Butterfield, Franz Marc, Jackson Pollock, and many others.
Lehmann, W., Museum Administration: Law and Practice, Independently Published (Sept. 2020). This book explores the many areas of law applicable to museums, including governance, personnel, facilities, intellectual property, collections management, and fundraising. Designed as a textbook for use in connection with museums studies programs and law school courses, the book utilizes a “casebook” approach: relevant court decisions and other primary source materials illustrate and enliven the descriptive text. 2nd Ed. Available here.
Malaro, Marie C. and Ildiko DeAngelis, A Legal Primer on Managing Museum Collections, Smithsonian Books; 3rd edition (May 8, 2012). This revised and expanded third edition addresses the many legal developments—including a comprehensive discussion of stolen art and the international movement of cultural property, recent developments in copyright, and the effects of burgeoning electronic uses—that have occurred during the past twenty-five years. Available here.
Palmer, Norman (ed.),Museums and the Holocaust, Institute of Art and Law (Jan. 2021) 2nd ed. The ways in which museums and governments have responded to the challenges of achieving justice when confronted with claims vary greatly, and this book looks at a representative sample of countries to examine their approaches to this issue and the legislation they have enacted. The book contains chapters on each of the countries with restitution committees (Austria, France, Germany, the Netherlands and the United Kingdom), together with a selection of other countries which highlight differences of approach (Australia, Greece, Hungary, Israel, Poland and the United States). Available here.
Procter, A., The Whole Picture: The Colonial Story of the Art in Our Museums & Why We Need to Talk About It(March 2020). How to deal with the colonial history of art in museums and monuments in the public realm is a thorny issue that we are only just beginning to address. Alice Procter, creator of the Uncomfortable Art Tours, provides a manual for deconstructing everything you thought you knew about art history and tells the stories that have been left out of the canon.
Stourton,James, Kenneth Clark: Life, Art and Civilisation (November 2016). This publication provides an in-depth look at the life of Kenneth Clark – director of the National Gallery, art historian and pioneer of British television arts programming – and tells the story of twentieth-century art.
Vikan, Gary, Sacred and Stolen: Confessions of a Museum Director (Sept. 2016). Critically acclaimed already, this 2016 publication is a memoir of an art museum director who looks at the “messy underbelly of museum life: looted antiquities, crooked dealers, deluded collectors, duplicitous public officials, fakes, inside thefts, bribery, and failed exhibitions.” Museum directors come and go, but their journeys are often lesson-forming and memorable. In case of Vikan, his experiences included meeting “the elegant French oil heiress, Dominique de Menil, the notorious Turkish smuggler, Aydin Dikmen, his slippery Dutch dealer, Michel van Rijn, the inscrutable and implacable Patriarchs of Ethiopia and Georgia, and the charismatic President of Georgia, Eduard Shevardnadze—along with a mysterious thief of a gorgeous Renoir painting missing from a museum for over sixty years.”
Cultural Heritage & Property
Albright, Evan, The Man Who Owned A Wonder Of The World, The Gringo History of Mexico’s Chichén Itzá, Bohlin Carr, (Dec. 2015). In 2007 the ancient Maya city of Chichén Itzá in Yucatán, Mexico, was named one of the new Seven Wonders of the World. The honor came with a shocking revelation — Mexico’s greatest archaeological treasure was private property! How could one family come to own one of the archaeological crown jewels of Mexico? The answer was more incredible: they had bought the ancient city from an American, Edward H. Thompson, who had owned Chichén for half a century. Thompson, an archaeologist, explored Chichén and had made one of the greatest archaeological discoveries in North America. All it cost him was his reputation, his fortune, and even his life. In this gripping non-fiction narrative, award-winning writer Evan Albright travels to Yucatan to investigate Thompson’s incredible true story and stumbles upon Thompson’s biggest secret–the son he left behind.
Blake, Janet, International Cultural Heritage Law (August 2015). “Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field. The book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed.”
Brocas, Sophie, Le Baiser (January 2019). The novel unveils the story of two women in search of justice and independence, questioning the status of works of art, eternal mercantile properties, which are nevertheless the common heritage of humanity.
Chechi, Alessandro, The Settlement of International Cultural Heritage Disputes(May 2014). This book “provides a comprehensive and nuanced understanding of the issues created by current system governing the settlement of cultural heritage disputes; Examines in detail the applicable legal regimes and dispute settlement procedures, assessing the merits and drawbacks of the governing national and international norms; Offers innovative solutions to the problem of fragmentation within settlements of cultural heritage disputes by focusing on rethinking existing fora and on evolving principles and rules.”
Cohen, Monica. F, Pirating Fictions: Ownership and Creativity in Nineteenth Century Popular Culture (January 2018). Using landmarks in copyright history as a backdrop, Pirating Fictions argues that popular nineteenth-century pirate fiction mischievously resists the creation of intellectual property in copyright legislation and law. The book demonstrates how literary appropriation was celebrated at the very moment when the forces of possessive individualism began to enshrine the language of personal ownership in Anglo-American views of creative work.
Colwell, Chip, Plundered Skulls and Stolen Spirits: Inside the Fight to Reclaim Native America’s Culture (March 2017). Who owns the past and the objects that physically connect us to history? And who has the right to decide this ownership, particularly when the objects are sacred or, in the case of skeletal remains, human? Is it the museums that care for the objects or the communities whose ancestors made them? These questions are at the heart of Plundered Skulls and Stolen Spirits, an unflinching insider account by a leading curator who has spent years learning how to balance these controversial considerations.
Cooper, Elena, Art and Modern Copyright: The Contested Image (September 2018). The book is the first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes – the protection of copyright ‘authors’ (painters, photographers and engravers), art collectors, sitters and the public interest. It uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think about copyright today.
Culture in Crisis: Preserving Cultural Heritage in Conflict Zones,(April 2017). Produced by The Antiquities Coalition in collaboration with the Johns Hopkins School of Advanced International Studies, this book features contributions from students in the conflict management program. Each student explored a specific topic related to looting, trafficking, and destruction of cultural heritage in Syria and Iraq. The result is an interdisciplinary look at a wide range of issues in the field from both an academic and practical perspective.
Cultural Heritage Law And Ethics: Mapping Recent Developments, Studies in Art Law, vol. 26 (Dec. 2017). Cultural heritage is a unique and important testimony to the history and identity of different peoples and should be preserved in all circumstances. Regrettably, it is increasingly threatened in both peacetime and duringconflict. This topic was discussed during the “Second All Art and Cultural Heritage Law Conference” organised by the Art-Law Centre of the University of Geneva on 24-25 June 2016, and is further examined by the authors of this book. This volume looks at the overall question of how the existing legal framework for the protection of cultural heritage can be improved. To this end, a number of recent legal developments arising from domestic and international legal practice are critically examined. These developments mostly revolve around the question of responsibility for the commission of illicit activities, on the one hand, and the relationship between law and ethics, on the other.
González, Pablo Alonso, Cuban Cultural Heritage: A rebel past for a revolutionary nation; foreword by Paul A. Shackel, “Introduction — Negotiating the past, representing the nation: the contested users of heritage during the Republic (1898-1959) — Heritage as passion: the early years of the Cuban Revolution (1959-1973) — The institutionalization of the Cuban heritage field (1973-1990) — The reification of ideology as heritage and the return of the nation between 1990 and 2014 — The office of the city historian of Havana and the nation as heritage after 1990: a path towards reconciliation or towards touristification? –The coloniality of heritage in postcolonial Cuba.”
Hadjitofi, Tasoula Georgiou, The Icon Hunter: A Refugee’s Quest to Reclaim Her Nation’s Stolen Heritage (2017). From the publisher: “In this powerful memoir, Tasoula Hadjitofi reveals her perilous journey orchestrating “The Munich Case”?one of the largest European art trafficking stings since WWII. With the Bavarian police in place, the Cypriots on their way, seventy under-cover agents bust into the Munich apartment of a notorious Turkish smuggler suspected of holding looted antiquities. …”
Hauser-Schaublin, Brigitta and Prott, Lyndel V. (editors), Cultural Property and Contest Ownership: The Trafficking of Artifacts and the Quest for Restitution (June 2016). This book explores how highly-valued cultural goods are traded and negotiated among diverging parties and their interests. This interdisciplinary volume provides the first book-length investigation of the changing behaviors resulting from the effect of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
Hutt, Sherry, Caroline Meredith Blanco, Stan N. Harris, https://amzn.to/3RKqFzjCultural Property Law: A Practitioner’s Guide to the Management, Protection, and Preservation of Heritage Resources, American Bar Association, 2nd Ed. (Jan. 1, 2017). This publication provides an accessible and objective overview of all major components of an interdisciplinary legal practice that extends from government and tribal management of land to federal underwater resource management to the national and international laws governing museums and the arts marketplace. Available in paperback & on Kindle.
Jakubowski, A. (ed.),Cultural heritage in the European Union: a critical inquiry into law and policy(May 2019). This book provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps.
Jakubowski, Andrzej, State Succession in Cultural Property(June 2015). This book “provides the first comprehensive analysis of the peculiarities of cultural property as an object of state succession; gives an in depth and broad ranging study of primary sources of international practice of state succession in matters of cultural property; offers de lege ferenda and details of best practice in cultural heritage protection after state succession.”
Lagrange, Evelyne, Oeter, Stefan and Uerpmann-Wittzack, Robert eds., Cultural Heritage and International Law: Objects, Means and Ends of International Protection (English and French Edition) (2018)From the publisher: This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.
Meyer, Karl E. & Brysac, Shareen Blair, The China Collectors: America’s Century-Long Hunt for Asian Art Treasures (March 2015). The authors consider whether the century-long treasure hunt in China (from the Opium Wars to Mao Zedong’s ascent) constituted looting or salvaging, and whether it was ethical to spirit these objects westward to be studied and preserved by trained museum personnel. How should the U.S., Canada and their museums act now that China has the means and will to reclaim its lost heritage?
Novic, Elisa, The Concept of Cultural Genocide: An International Law Perspective (Cultural Heritage Law and Policy)(2016) From the publisher: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples.
Niglio, Olimpia, Eric Yong Joong Lee (Eds.), Transcultural Diplomacy and International Law in Heritage Conservation, Springer (2021). This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. Available here.
Ostapkowicz, Joanna and Jonathan A. Hanna,Real, Recent, or Replica: Precolumbian Caribbean Heritage as Art, Commodity, and Inspiration, University of Alabama Press (2021).Real, Recent, or Replica: Precolumbian Caribbean Heritage as Art is the first book-length study of its kind that highlights the commodification of Caribbean Precolumbian heritage. The editors of this volume elaborate on topics such as continued looting of archaeological sites within the region, the imbalance of economic relations and power between producers and consumers of neo-Amerindian art, and the extreme increase of forgeries, which have been occurring since the late nineteenth century. The volume also emphasizes the desire for “authentic” Precolumbian artifacts, providing insight for art historians, museum professionals, archaeologists, and collectors. A discount on the volume can be found here and more information about the book can be found here.
Redmond-Cooper, Ruth (editor), Heritage Ancestry and Law: Principles, Policies and Practice in Dealing with Human Remains (May 2015). This topical collection of essays examines such questions as: the extent to which holding institutions should disclose the presence and identity of human remains in their collections; the implications of the discovery and movement of deceased monarchs and other persons of importance; the impact of the ECHR and national legislation on the holding and treatment of human remains; ecclesiastical attitudes; and the obligations of those involved in construction projects where human remains are discovered.
Salvatore, C. Lizama (ed.), Cultural Heritage Care and Management: Theory and Practice(2018). This book covers a vast array of components such as landscape, foodways, performance and dance, language, etc. In addition, the tools, technologies, and methodologies for organizing and arranging, cataloging and describing, exhibiting, providing access, and preserving and conserving these components are also covered.
Senson, Astrid & Mandler, Peter, From Plunder to Preservation: Britain and the Heritage of Empire, c.1800-1940 (July 2013). Details from the publisher: “What was the effect of the British Empire on the cultures and civilisations of the peoples over whom it ruled? This book takes a novel approach to this important and controversial subject by considering the impact of empire on the idea of ‘heritage’.”
Stamatoudi, Irini A., Cultural Property Law and Restitution: A Commentary to International Conventions and European Union Law (May 2011). “This book offers a refreshing view on cultural property law and the issue of the restitution of cultural property. The author combines an in depth analysis of the relevant international and European instruments with a clear vision of the purpose and goals of this area of law.”
UNESCO, Safeguarding Underwater Cultural Heritage in the Pacific: Report on Good Practice in the Protection and Management of World War II-Related Underwater Cultural Heritage, edited by the Pacific Underwater Cultural Heritage Partnership (2017).On safeguarding underwater cultural heritage (UCH) following WWII in the Pacific region. This publication outlines proper management practices and how protection of underwater cultural heritage can be beneficial to local communities. Through the preservation of UCH, communities can develop sustainability by learning risk reduction strategies. This publication outlines the importance of not only safeguarding UCH but also safeguarding and promoting a sustainable environment.
Vadi, Valentina, Cultural Heritage Law in International Investment and Arbitration(March 2016). Vadi maps the relevant investor-state arbitrations concerning cultural elements in an effort to show that arbitrators have increasingly taken cultural concerns into consideration in deciding cases brought before them, eventually contributing to the coalescence of general principles of law demanding the protection of cultural heritage.
Van Woudenberg, Nout,State Immunity and Cultural Objects on Loan(March 2012). “Cultural objects have been on the move for a long time. Yet there has been no comprehensive survey to date of the current state of affairs with regard to immunity from seizure of foreign cultural objects belonging to foreign States that are on loan for temporary exhibition. This study fills that gap by examining whether there is any rule of (customary) international law stipulating that such cultural objects are immune from seizure, or whether such a rule is emerging.”
Watenpaugh, Heighnar Zeitlian, The Missing Pages: The Modern Life of a Medieval Manuscript, from Genocide to Justice (February 2019). This book constitutes a “biography” – not of a person, but of a manuscript that is at the center of the Armenian genocide. From medieval Armenia, the Anatolia killing fields, the Aleppo refugee camps to a Los Angeles courtroom, this manuscript’s story as retold by Watenpaugh explores the brutal costs of war and “persuasively” makes a case for the “human right to art.”
Art Market, Appraisal, and Investment
Adam, Georgina, Dark Side of the Boom: The Excesses Of The Art Market In The 21st Century(March 2018). The second part of Georgina Adam’s study of the art market depicts the “dark side” of art transactions, from the purchase of art as an investment to money laundering. “It is a world that is unrecognisable to the millions of people who go to shows, the art lovers who join museums such as the Tate, the thousands of artists, curators, writers and traders who feel privileged to make a modest living in the art world. But it is a world, Adam argues, increasingly distorted as art grows ever closer the luxury goods industry.”
Battista, K. (ed.) and Faller, B. (ed.),Creative Legacies: Critical Issues for Artists’ Estates (July 2020). This book is a guide to practical, legal, and financial considerations and best-practice for artists’ estates. For all artists and their estates, art-market professionals and students of the art market, this book offers vital answers to these fascinating and often complex questions of artistic legacy.
Bench, Aleya, Appraising Art: The Definitive Guide (2013). The fully-updated and color-illustrated soft-covered guide covers everything from theory and methodology, to legal and ethical issues, as well as over 50 connoisseurship areas.
Chamberlain, Kevin, War and Cultural Heritage(2nd ed., April 2013). This revised edition contains an article by article commentary on the 1954 Hague Convention and its Two Protocols. The book also analyses other instruments of international humanitarian law relevant to the protection of cultural property. The book takes into account the latest developments regarding the international efforts to secure restitution of Holocaust-looted cultural property, including the work of the UK’s Spoliation Advisory Panel.
Duret-Robert, François, Droit du marché de l’art(2020). The book covers regulations of public auctions and the art market more generally, including gallery sales, expertise, brokers, and catalogue raisonnés. It also describes copyright laws from a fiscal and moral rights perspective, along with the status of auctioneers and other professionals allowed to hold public sales and the role of the State and local governments.
Gerlis, Melanie, Art as an Investment?(February 2014). “Aimed at collectors and investors, this user-friendly guide explains art’s value as an asset through comparisons with more familiar investments, including property, shares and gold…It offers jargon-free explanations of how the characteristics of blue-chip art can be seen to coincide with and diverge from the fundamental features of more established types of asset.”
Hook, Philip,Rogues’ Gallery: The Rise (and Occasional Fall) of Art Dealers, the Hidden Players in the History of Art (October 2017). Philip Hook’s riveting narrative takes us from the early days of art dealing in Antwerp, where paintings were sold by weight, to the unassailable hauteur of contemporary galleries in New York, London, Paris, and beyond, bursting with unforgettable anecdotes and astute judgments about art and artists.
Huff, Corey, How to Sell Your Art Online: Live a Successful Creative Life on Your Own Terms (June 2016). An essential guide for artist that teaches them how to skip the gallery system, find their niche, and connect directly with collectors to profitably sell their art. For years, galleries have acted as gatekeeper separating artists and collectors. But with the explosion of the Internet, a new generation of savvy, independent artists is connecting with buyers and making a substantial living doing what they love.
Jovanovich, M. and Renn, M. (eds.), Corporate Patronage of Art & Architecture in the United States, Late 19th Century to the Present, Bloomsbury Visual Arts (Ap. 2019). This interdisciplinary collection of case studies rethinks corporate patronage in the United States and reveals the central role corporations have played in shaping American culture. This volume offers new methodologies and models for the subject of corporate patronage, and contains an extensive bibliography on corporate patronage, art collections and exhibitions, sponsorship, and philanthropy in the United States.
Pryor, Riah, Crime and the Art Market (June 2016). Taking the perspectives of a journalist and a criminal researcher, Pryor examines high-profile criminal cases, illuminating concerns relevant to the art market’s behavior.
Raux, S., Lotteries, Art Markets, and Visual Culture in the Low Countries, 15th-17th Centuries, Brill (Feb. 2018). This book examines lotteries as devices for distributing images and art objects, and constructing their value in the former Low Countries. Alongside the fairs and before specialist auction sales were established, they were an atypical but popular and large-scale form of the art trade. As part of a growing entrepreneurial sensibility based on speculation and a sense of risk, they lay behind many innovations. This study looks at their actors, networks and strategies.
Sargent et al., M., Tracking and Disrupting the Illicit Antiquities Trade with Open Source Data(June 2020). The illicit antiquities market is fueled by a well-documented rise in looting at archaeological sites and a fear that the proceeds of such looting may be financing terrorism or rogue states. In this report, the authors compile evidence from numerous open sources to outline the major policy-relevant characteristics of that market.
Savoy, B. Acquiring Culture, (2018). As more parts of the world outside Europe became accessible – and in the wake of social and technological developments in the 18th century – a growing number of exotic artifacts entered European markets. This publication provides insights into the methods and places of exchange, networks, prices, expertise, and valuation concepts, as well as the transfer and transport of these artifacts over 300 years and across four continents.
Semyonova, Natalya & Iljine, Nicolas V. (editors), Selling Russia’s Treasures: The Soviet Trade in Nationalized Art: 1917 – 1938(November 2013). “This abundantly illustrated oversize volume presents the definitive account of the sale of Russia’s cultural patrimony by the Soviet government in the interwar years.”
Shnayerson, Michael, Boom: Bad Money, Mega Dealers, and the Rise of Contemporary Art (May 2019). Journalist Michael Shnayerson traces the back-stabbing, money-driven history of the contemporary art market in this engrossing account. Drawing together historic documents and interviews with artists and gallery owners, Shnayerson reveals how colorful dealers propelled the market from one of the love of collecting in the 1940s into today’s “big way that a lot of rich people were going to express themselves.”
Thompson, Don, The Orange Balloon Dog: Bubbles, Turmoil and Avarice in the Contemporary Art Market (September 2017). Within forty-eight hours in the fall of 2014, buyers in the Sotheby’s and Christie’s New York auction houses spent $1.7 billion on contemporary art. Non-taxed freeport warehouses around the globe are stacked with art held for speculation. One of Jeff Koons’ five chromium-plated stainless steel balloon dogs sold for 50 percent more at auction than the previous record for any living artist. A painting by Christopher Wool, featuring four lines from a Francis Ford Coppola movie stenciled in black-on-a-white background, sold for $28 million. In The Orange Balloon Dog, economist and bestselling author Don Thompson cites these and other fascinating examples to explore the sometimes baffling activities of the high-end contemporary art market. He examines what is at play in the exchange of vast amounts of money and what nudges buyers, even on the subconscious level, to imbue a creation with such high commercial value.
Van Laar, Timothy, Artworld Prestige: Arguing Cultural Value (January 2013). After an initial chapter that develops a theory of prestige and the poignancy of its loss, the book looks at how arguments of prestige function in systems of representation, various media, and art’s relationship to affect. It considers twentieth-century artists who moved not away from, but toward figuration; looks at what is at stake in the recurrent argument about the death of painting; examines the decline and an apparent return of sensual pleasure as a central attribute of visual art; and concludes with a look at the peculiar function of prestige in outsider art.
Würtenberger, L., The Artist’s Estate: A Handbook for Artists, Executors, and Heirs(October 2016). This is the first publication produced by the Institute for Artists’ Estates in Berlin, Germany. It has received the attention of critics worldwide and is now in its second edition. The handbook provides an overview of approaches for developing and maintaining an artist’s estate, from appropriate financing models to garnering interest from the art market and museums. Through several international examples, Würtenberger makes recommendations on best practices in handling work and archives following an artist’s death.
Attribution and Forgery
Beck, James, with Michael Daley, Art Restoration: The Culture, the Business and the Scandal (February 1994). A biographical art history, co-authored by James Beck (1930-2007), an art historian who spoke against restoration work that harmed artworks and cultural monuments. In the 1990s, Beck was sued for and successfully defended against a criminal libel charge brought by a restorer.
Becker, Daniel, Fischer, Annalisa, Niehoff, Simone, Sannders, lorencia , and Schmitz, Yola,Faking, Forging, Counterfeiting (Apil 2017). Based on the concept of mimesis, this volume illustrates that forgeries are not to be understood as a negative copy or disgraced ripoff of an original but as an autonomous aesthetic practice, a creative act in itself. The contributions focus on such different implementations as faked traditions, pseudotranslations, imposters, identity theft, and hoaxes in different arts and historic contexts.
Bennett, Michael, Praxiteles: The Cleveland Apollo (October 2013). “The Cleveland Apollo is most likely the only surviving original sculpture by Praxiteles, and the only life-size Greek bronze that can be securely attributed to a Greek sculptor by name. This new focus volume is both a personal account of an acquisition, and a rigorous art-historical re-examination of one of the most significant works to survive from antiquity.”
Charney, Noah, The Art of Forgery, (May 2015). The Art of Forgery: Case Studies in Deception explores the stories, dramas and human intrigues surrounding the world’s most famous forgeries – investigating the motivations of the artists and criminals who have faked great works of art, and in doing so conned the public and the art establishment alike.
Dutton, Denis, Forger’s Art: Forgery and the Philosophy of Art, (November 1983). Essays examine art forgery from the perspectives of art history, criticism, aesthetics, and ethics and discuss the connection between authenticity and aesthetic value.
Kline, Fred R., Leonardo’s Holy Child: The Discovery of a Leonardo da Vinci Masterpiece: A Connoisseur’s Search for Lost Art in America, (May 2016). After purchasing a work that was then discovered to be by Leonardo da Vinci, Kline begins a journey “all over the world to [discover] how exactly attributions work with regards to the old masters (most of their works are unsigned). Kline also sheds light on the idea of “connoisseurship,” an often-overlooked facet of art history that’s almost Holmesian in its intricacy and specificity.
Lenain, Thierry, Art Forgery: The History of a Modern Obsession (Reaktion). Available HERE.
Moses, N. Fakes, Forgeries, and Frauds, (February 2020). This book delivers nine fascinating true stories that introduce the fakers, forgers, art authenticators, and others that populate this dark world. What happens when spiritual truth conflicts with historic fact? Can an object retain its essence when most of it was replaced? Why do we find fakes so eternally fascinating, and forgers such appealing con artists?
Salisbury, L., Provenance: How a Con Man and a Forger Rewrote the History of Modern Art(2010). This is the astonishing narrative of one of the most far-reaching and elaborate cons in the history of art forgery. Stretching from London to Paris to New York, investigative reporters Laney Salisbury and Aly Sujo recount the tale of infamous con man and unforgettable villain John Drewe and his accomplice, the affable artist John Myatt.
Scott, David A., Art: Authenticity, Restoration, Forgery (December 2016). Scott delves into a sophisticated and informative account of the authenticity of art from ancient to contemporary times.
Bahrmann, N., Kunstfund Gurlitt: Wege Der Forschung, (May 2020). A task force was founded in 2013 to clarify the origin of the works in “Schwabinger Kunstfund,” which were suspected of being “robbery art” connected to the Nazi era. Provenance research was conducted in order to find the origin of individual works, but no basic research investigating the dealer, Gurlitt, was ever considered. This publication outlines additional research and additional provenance findings. Written in German.
Barelli, J., Stealing the Show: A History of Art and Crime in Six Thefts, Lyons Press, (August 2019). Focusing on six thefts but filled with countless stories that span the late 1970s on into the 21st century, John opens the files on thefts, shows how museum personnel along with local and sometimes Federal Agents opened investigations and more often than not caught the thief. But of ultimate importance was the recovery of the artwork, including Celtic and Egyptian gold, French tapestries, Greek sculpture, and more.
Bohm-Duchen, Monica, Art and the Second World War(January 2014). “In this well-researched, clear-eyed assessment of art’s relationship to the war that ‘has left the darkest and most indelible mark on modern society,’ Bohm-Duchen (After Auschwitz) presents a sobering overview of the official and nonofficial fine art produced in warring nations: Spain (with the civil war treated as a prologue to WWII), England, Canada, Australia, New Zealand, America, France, Italy, the Soviet Union, Germany, China, and Japan…”
Evelien Campfens (editor), Fair and Just Solutions? Alternative to Litigation in Nazi-Looted Art Disputes: Status Quo and New Developments(January 2015). “This book aims to give an overview of the current status quo in the field, both in countries where special committees have been installed and beyond. Through contributions from leading experts and a discussion amongst stakeholders it explores a way to move forward, a makes a case for international cooperation and neutral and transparent procedures for solving ownership issues.”
Chamberlin, Russell,Loot! The Heritage of Plunder(August 1985). This book “examines the looting of major ancient civilizations and of many Third World nations.”
Edsel, Robert M., Rescuing Da Vinci: Hitler and the Nazis Stole Europe’s Great Art – America and Her Allies Recovered It (December 2006). “Rescuing Da Vinci… is a crime story, writ so large it covers a continent. It gathers together, for the first time, nearly 500 photos documenting the Nazi theft of tens of thousands of artworks from European museums and private collections. And it details the immense, painstaking, though little-recognized, efforts of Allied armies to recover and return these precious items.”
Edsel, Robert M., Saving Italy: The Race to Rescue a Nation’s Treasures from the Nazis(May 2013). “Edsel…clearly presents the war in Italy as a battle not just to occupy the land but also to preserve the country’s culture. In urgent and precise prose, he puts the reader in the cockpit, the foxhole, and the cramped offices of those charged with saving the artwork. Most of the pilfering and destruction of art treasures was done by the Nazis, of course, but Edsel points out that the Allies were not blameless, either. This is a must-read for WWII buffs and anyone interested in the fight for art history.”
Hay, Bruce L., Nazi-Looted Art and the Law: The American Cases (November 2017). This book offers a clear, accessible account of the American litigation over the restitution of works of art taken from Jewish families during the Holocaust. For the past two decades, the courts of the United States have been an arena of conflict over this issue that has recently captured widespread public attention. In a series of cases, survivors and heirs have come forward to claim artworks in public and private collections around the world, asserting that they were seized by the Nazis or were sold under duress by owners desperate to escape occupied countries. Spanning two continents and three-quarters of a century, the cases confront the courts with complex problems of domestic and international law, clashes among the laws of different jurisdictions, factual uncertainties about the movements of art during and after the war, and the persistent question whether restitution claims have been extinguished by the passage of time.
Hickley, Catherine, The Munich Art Hoard: Hitler’s Dealer and His Secret Legacy (September 2015). Available later in the year, this book rushes to deliver the biography of Cornelius Gurlitt. From the editors: “When Cornelius Gurlitts trove became public in November 2013, it caused a worldwide media sensation. Catherine Hickley has delved into archives and conducted dozens of interviews to uncover the story behind the headlines. Her book illuminates a dark period of German history, untangling a web of deceit and silence that has prevented the heirs of Jewish collectors from recovering art stolen from their families more than seven decades ago by the Nazis. Hickley recounts the shady history of the Gurlitt hoard and brings its story right up to date, as 21st-century politicians and lawyers puzzle over the inadequacies of a legal framework that to this day falls short in securing justice for the heirs of those robbed by the Nazis.”
Hirsch, Alan, introduction by Noah Charney, The Duke of Wellington, Kidnapped!: The Incredible True Story of Art Heist That Shocked a Nation (April 2016). In 1961, a thief broke into the National Gallery in London and pulled off a sensational art heist, stealing Goya’s “The Duke of Wellington”. Despite unprecedented international attention and an unflagging investigation, the case was solved only four years later.
Hufnagel, Saskia, Chappell, Duncan (Eds.), The Palgrave Handbook on Art Crime(July 2019).This handbook showcases studies on art theft, fraud and forgeries, cultural heritage offenses and related legal and ethical challenges. It has been authored by prominent scholars, practitioners, and journalists in the field and includes overviews of specific art crime issues, as well as regional and national case studies.
Jackson, Penelope,Females in the Frame: Women, Art, and Crime(2019). This book explores the untold history of women, art, and crime. Through a consideration of how we have come to perceive art crime and the gendered language associated with its documentation, this pioneering study questions why women have been left out of the discourse to date and how, by looking specifically at women, we can gain a more complete picture of art crime history.
Kater, Michael H., Culture in Nazi Germany, (May 2019). Michael H. Kater’s engaging and deeply researched account of artistic culture within Nazi Germany considers how the German arts-and-letters scene was transformed when the Nazis came to power. With a broad purview that ranges widely across music, literature, film, theater, the press, and visual arts, Kater details the struggle between creative autonomy and political control as he looks at what became of German artists and their work both during and subsequent to Nazi rule.
Lane, Mary M.,Hitler’s Last Hostages: Looted Art and the Soul of the Third Reich (2019). A scrupulous account of Hitler’s abiding obsession with art and Germany’s cultural patrimony, the book reveals the fate of looted works and tells the definitive story of art in the Third Reich and Germany’s ongoing struggle to right the wrongs of the past.
Lauterbach, Iris,The Central Collecting Point in Munich: A New Beginning for the Restitution and Protection of Art, (Jan. 2019). Iris Lauterbach’s fascinating history documents the story of the Allies’ Central Collecting Point (CCP), set up in the former Nazi Party headquarters at Koenigsplatz in Munich, where the confiscated works were transported to be identified and sorted for restitution. This book presents her archival research on the events, people, new facts, and intrigue, in the years from 1945 to 1949.
Lindsay, Ivan, History of Loot and Stolen Art – From Antiquity Until the Present Day (September 2013). “From the Ancients, Greeks, Romans, Vikings, Moors and Charlemagne, the author traces how a lust for pride of ownership and power over the vanquished has driven conquerors, confiscators (the old-fashioned word for looters) and ruthless administrators to grab the valuable possessions of others. The different motivation of the greatest looters in history is a theme which is examined throughout the book.”
Löhr, Hanns Christian, Kuns als Waffe: der Einsatzstab Reichsleiter Rosenberg (2018). In his book, Hanns Christian Löhr writes about the Einsatzstab Reichsleiter Rosenberg (ERR) a special task force of Reichs Minister Rosenberg created in 1940 under Alfred Rosenberg. The task force was responsible for organized looting of paintings and other cultural artifacts. The book is mainly centered on the ERR rather than the distribution and storage of the works as well as their restitution following the end of the war. Also available HERE.
Michalczyk, John J. ed., Nazi Law: From Nuremberg to Nuremberg(2017). From the publisher: “A distinguished group of scholars from Germany, Israel and right across the United States are brought together in Nazi Law to investigate the ways in which Hitler and the Nazis used the law as a weapon, mainly against the Jews, to establish and progress their master plan for German society.”
O’Connor, Anne-Marie, The Lady in Gold: The Extraordinary Tale of Gustav Klimt’s Masterpiece, Portrait of Adele Bloch-Bauer (February 2012). Described as a “riveting social history; an illuminating and haunting look at turn-of-the-century Vienna; a brilliant portrait of the evolution of a painter; a masterfully told tale of suspense. And at the heart of it, the Lady in Gold–the shimmering painting, and its equally irresistible subject, the fate of each forever intertwined.”
O’Donnell, Nicholas M, A Tragic Fate: Law and Ethics in the Battle Over Nazi-Looted Art(August 2017). “The organized theft of fine art by Nazi Germany has captivated worldwide attention in the last twenty years. As much as any other topic arising out of World War Two, stolen art has proven to be an issue that simply will not go away. Newly found works of art pit survivors and their heirs against museums, foreign nations, and even their own family members. These stories are enduring because they speak to one of the core tragedies of the Nazi era: how a nation at the pinnacle of fine art and culture spawned a legalized culture of theft and plunder. A Tragic Fate is the first book to address comprehensively the legal and ethical rules that have dictated the results of restitution claims between competing claimants to the same works of art. It provides a history of Art and Culture in German-occupied Europe, an introduction to the most significant collections in Europe to be targeted by the Nazis, and a narrative of the efforts to reclaim looted artwork in the decades following the Holocaust through profiles of some of the art world’s most famous and influential restitution cases.” REVIEWED.
Nicholas, Lynn H., The Rape of Europa: The Fate of Europe’s Treasures in the Third Reich and the Second World War (April 1994). “From the Nazi purges of “Degenerate Art” and Goering’s shopping sprees in occupied Paris to the perilous journey of the Mona Lisa from Paris and the painstaking reclamation of the priceless treasures of liberated Italy, The Rape of Europa is a sweeping narrative of greed, philistinism, and heroism that combines superlative scholarship with a compelling drama.”
Jonathan Petropoulos, Göring’s Man in Paris, Yale University Press (Jan. 26, 2021).Petropoulos, a historina, a writer, sometimes an expert witness and a professor at Claremont McKenna College, finally presents a biography of a controversial if not to say infamous art dealer Bruno Lohse. Lohse’s story is worse telling; he was appointed by Hermann Göring to aid with art looting and having been denazified in the 1950s continued to trade in art. Following Lose’s death many paintings with unclear provenance surfaced from his Zurich bank vault. Available here:Hardcover and Kindle.
Sinclair, Anne, My Grandfather’s Gallery: A Family Memoir (September 2014). Sinclair, granddaughter of the great Paris art dealer Paul Rosenberg, “paints a vivid portrait of a moment of exceptional brilliance in French artistic life…the speed and greed with which it was so brutally destroyed, and the efficiency with which these deeds of destruction were covered up and forgotten.”
Ulph, Janet and Ian Smith, The Illicit Trade in Art and Antiquities: International Recovery and Criminal and Civil Liability (May 2015). “This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK Government or a foreign State. Significantly, this text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, is involved in the course of criminal or civil proceedings in an English court. ” Available HERE.
