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Legal Sources

Last updated: June 12, 2021

Below is a list of useful links to laws, conventions, and agencies dealing with art law and cultural property matters, mostly in the United States.

Laws

  • Archaeological Resources Protection Act of 1979, 16 U.S.C. 470aa et seq.
  • Chapter 97 of Harmonized Tariffs Schedule
  • Cultural Property Implementation Act, 19 U.S.C. § 2601 et seq.
  • Immunity from Seizure Act, 22 U.S.C. § 2459
  • National Stolen Property Act of 1948, 18 U.S.C. § 2314
  • Pre-Columbian Monumental or Architectural Sculpture or Murals Law of 1972
  • Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq.
  • New York Art and Cultural Affairs Law
  • U.S. Copyright Act 1976, U.S.C.: Title 17
  • U.S. Trademark Law: Includes Lanham Act
  • Visual Artists’ Rights Act of 1990 (VARA), 17 U.S.C. § 106A

International Treaties & Conventions

  • Berne Convention for the Protection of Literary and Artists Works (1886)
  • UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970)
  • UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995)

Agencies

  • American Intellectual Property Law Association
  • Copyright Clearance Center
  • International Trademark Association
  • U.S. Copyright Office
  • U.S. Patent and Trademark Office (USPTO)
  • World Intellectual Property Organisation (WIPO)
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Join us for an informative presentation and pro bo Join us for an informative presentation and pro bono consultations to better understand the current art and copyright law landscape. Copyright law is a body of federal law that grants authors exclusive rights over their original works — from paintings and photographs to sculptures, as well as other fixed and tangible creative forms. Once protection attaches, copyright owners have exclusive economic rights that allow them to control how their work is reproduced, modified and distributed, among other uses.

Albeit theoretically simple, in practice copyright law is complex and nuanced: what works acquire such protection? How can creatives better protect their assets or, if they wish, exploit them for their monetary benefit? 

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In October, the Hispanic Society Museum and Librar In October, the Hispanic Society Museum and Library deaccessioned forty five paintings from its collection through an auction at Christie's. The sale included primarily Old-Master paintings of religious and aristocratic subjects. Notable works in the sale included a painting from the workshop of El Greco, a copy of a work by Titian, as well as a portrait of Isabella of Portugal, and Clemente Del Camino y Parladé’s “El Columpio (The Swing). 

The purpose of the sale was to raise funds to further diversify the museum's collection. In a statement, the institution stated that the works selected for sale are not in line with their core mission as they seek to expand and diversify their collection.

🔗 Click the link in our bio to read more.

#centerforartlaw #artlawnews #artlawresearch #legalresearch #artlawyer #art #lawyer
Check out our new episode where Paris and Andrea s Check out our new episode where Paris and Andrea speak with Ali Nour, who recounts his journey from Khartoum to Cairo amid the ongoing civil war, and describes how he became involved with the Emergency Response Committee - a group of Sudanese heritage officials working to safeguard Sudan’s cultural heritage. 

🎙️ Click the link in our bio to listen anywhere you get your podcasts! 

#centerforartlaw #artlaw #artlawyer #legal #research #podcast #february #legalresearch #newepisode #culturalheritage #sudaneseheritage
When you see ‘February’ what comes to mind? Birthd When you see ‘February’ what comes to mind? Birthdays of friends? Olympic games? Anniversary of war? Democracy dying in darkness? Days getting longer? We could have chosen a better image for the February cover but somehow the 1913 work of Umberto Boccioni (an artist who died during World War 1) “Dynamism of a Soccer Player” seemed to hit the right note. Let’s keep going, individuals and team players.

Center for Art Law is pressing on with events and research. We have over 200 applications to review for the Summer Internship Program, meetings, obligations. Reach out if you have questions or suggestions. We cannot wait to introduce to you our Spring Interns and we encourage you to share and keep channels of communication open. 

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Join the Center for Art Law for conversation with Join the Center for Art Law for conversation with Frank Born and Caryn Keppler on legacy and estate planning!

When planning for the preservation of their professional legacies and the future custodianship of their oeuvres’, artists are faced with unique concerns and challenges. Frank Born, artist and art dealer, and Caryn Keppler, tax and estate attorney, will share their perspectives on legacy and estate planning. Discussion will focus on which documents to gather, and which professionals to get in touch with throughout the process of legacy planning.

This event is affiliated with the Artist Legacy and Estate Planning Clinic which seeks to connect artists, estate administrators, attorneys, tax advisors, and other experts to create meaningful and lasting solutions for expanding the art canon and art legacy planning. 

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Authentication is an inherently uncertain practice Authentication is an inherently uncertain practice, one that the art market must depend upon. Although, auction houses don't have to guarantee  authenticity, they have legal duties related to contract law, tort law, and industry customs. The impact of the Old Master cases, sparked change in the industry including Sotheby's acquisition of Orion Analytical. 

📚 To read more about the liabilities of auction houses and the change in forensic tools, read Vivianne Diaz's published article using the link in our bio!
Join us for an informative guest lecture and pro b Join us for an informative guest lecture and pro bono consultations on legacy and estate planning for visual artists.

Calling all visual artists: join the Center for Art Law's Artist Legacy and Estate Planning Clinic for an evening of low-cost consultations with attorneys, tax experts, and other arts professionals with experience in estate and legacy planning.

After a short lecture on a legacy and estate planning topic, attendees with consultation tickets artist will be paired with one of the Center's volunteer professionals (attorneys, appraisers and financial advisors) for a confidential 20-minute consultation. Limited slots are available for the consultation sessions.

Please be sure to read the entire event description using the LinkedIn event below.

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On May 24, 2024 the UK enacted the Digital Markets On May 24, 2024 the UK enacted the Digital Markets, Competition and Consumers Act 2024 (DMCC). This law increases transparency requirements and consumer rights, including reforming subscription contracts. It grants consumers cancellation periods during cooling-off times. 

Charitable organizations, including museums and other cultural institutions, have concerns regarding consumer abuse of this option. 

🔗 Read more about this new law and it's implications in Lauren Stein's published article, including a discussion on how other jurisdictions have approached the issue, using the link in our bio!
Don't miss our on our upcoming Bootcamp on Februar Don't miss our on our upcoming Bootcamp on February 4th! Check out the full event description below:

Join the Center for Art Law for an in-person, full-day training aimed at preparing lawyers for working with art market participants and understanding their unique copyright law needs. The bootcamp will be led by veteran art law attorneys, Louise Carron, Barry Werbin, Carol J. Steinberg, Esq., Scott Sholder, Marc Misthal, specialists in copyright law.

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools.

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The expansion of the use of collaborations between The expansion of the use of collaborations between artists and major consumer corporations brings along a myriad of IP legal considerations. What was once seen in advertisement initiatives  has developed into the creation of "art objects," something that lives within a consumer object while retaining some portion of an artists work. 

🔗 Read more about this interesting interplay in Natalie Kawam Yang's published article, including a discussion on how the LOEWE x Ghibli Museum fits into this context, using the link in our bio.
We can't wait for you to join us on February 4th! We can't wait for you to join us on February 4th!  Check out the full event description below:

Join the Center for Art Law for an in-person, full-day training aimed at preparing lawyers for working with art market participants and understanding their unique copyright law needs. The bootcamp will be led by veteran art law attorneys, Louise Carron, Barry Werbin, Carol J. Steinberg, Esq., Scott Sholder, Marc Misthal, specialists in copyright law. 

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools.

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Don't forget to grab tickets to our upcoming Collo Don't forget to grab tickets to our upcoming Colloquium, discussing the effectiveness of no strike designations in Syria, on February 2nd. Check out the full event description below:

No strike designations for cultural heritage are one mechanism by which countries seek to uphold the requirements of the 1954 Hague Convention. As such, they are designed to be key instruments in protecting the listed sites from war crimes. Yet not all countries maintain such inventories of their own whether due to a lack of resources, political views about what should be represented, or the risk of misuse and abuse. This often places the onus on other governments to create lists about cultures other than their own during conflicts. Thus, there may be different lists compiled by different governments in a conflict, creating an unclear legal landscape for determining potential war crimes and raising significant questions about the effectiveness of no strikes as a protection mechanism. 

Michelle Fabiani will discuss current research seeking to empirically evaluate the effectiveness of no strike designations as a protection mechanism against war crimes in Syria. Using data on cultural heritage attacks from the height of the Syrian Conflict (2014-2017) compiled from open sources, a no strike list completed in approximately 2012, and measures of underlying risk, this research asks whether the designations served as a protective factor or a risk factor for a given site and the surrounding area. Results and implications for holding countries accountable for war crimes against cultural heritage are discussed. 

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#centerforartlaw #artlaw #culturalheritage #lawyer #legalreserach #artlawyer
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