"Mythological Figure: You’re Star"
Art Law Blast
August 2024
We know that the Olympic Games cannot create peace. But the Olympic Games can create a culture of peace that inspires the world. This is why I call on everyone who shares this Olympic spirit: let us live this culture of peace every single day.
~ Thomas Bach, President Olympic Committee (IOC), closing the 2024 Paris Olympic Games
Dear Readers,
It’s August and the Center is working on a reduced schedule. With the 2024 Olympic games closed in Paris, and Banksy’s new menagerie roaming London, let’s to take a breath and to acknowledge how much work we have been able to do all together for the advancement of art and law. Art Law Films have been moved and improved. Nazi-Era Looted Art Resources are coming along fast and well. Art Law in Color resources has been updated and expanded. Take a look, and land a hand!
What’s next? The new Academic year is around the bend; our next Judith Bresler Fellow is gearing up to take the helm of the Clinics, and we are building bridges across the US and the pond for more collaborations in 2024-2025.
Please reach out to tell us how we can improve the Center’s efforts and what you might wish to do as a volunteer at the Center.
Till we meet again in September,
Center for Art Law Team
Content
In Brief
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[Activism/Censorship] Artists Denounce Palestine Censorship at London's Royal Academy
In July, Royal Academy of Art removed two artworks from its “Young Artists’ Summer Show” because they spoke to the state of Israel-Gaza. In response, a blog post by Artists for Palestine UK presented an open letter with over 700 signatories and more than 100 being Jewish artists, including Nan Goldin, Jock McFadyen, and Adam Broomberg calling upon British institutions like the Royal Academy to uphold their ethical and legal duty to freedom and speech and anti-discrimination, and repair the harm done by the removal of the artworks. Read more here. (BO)
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[Armed Conflict] Cultural Institutions At-Risk During Protests in Bangladesh
Several cultural institutions in Bangladesh, including the Bangabandhu Memorial Museum and the Indira Gandhi Cultural Centre (IGCC), were set on fire amid recent protests against prime minister Sheikh Hasina, who was forced to resign after 15 years in power and fled to India. Formerly the home of Hasina’s father and ex-president, Sheik Mujibur Rahman, the Bangabandhu Memorial Museum was converted to a museum following his assaination in 1975. The site has become a significant site for protestors. Protestors are calling for the resignation of Sheikh Hasina and her Cabinet after she deployed military on peaceful student protests for fair access to government jobs, kill 300 people. Read more here. (BO)
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[Authenticity] Forgery Fiasco: Tasmania’s Mona Museum Admits to Displaying Fake Picasso Paintings
Tasmania’s Museum of Old and New Art (Mona) admitted that several artworks it claimed were by Pablo Picasso are fakes, created by Kirsha Kaechele, the wife of Mona’s owner, David Walsh. The museum previously faced controversy over its “Ladies Lounge” installation, which initially banned men and was ruled discriminatory. Kaechele curated the exhibition, featuring the forgeries and other inauthentic items, to highlight historical gender exclusions. After suspicions arose, Mona made an announcement confessing to the incident. Kaechele apologized to the Picasso Administration for the forgery. Read more here. (TS)
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[Copyright Infringement] Poet Fights for Rights: Translator Sues British Museum Over Unauthorized Use of Work
In 2023, The British Museum featured translator Yilin Wang’s translations of Qiu Jin’s poetry in their newest exhibition, China’s Hidden Century, without her consent. Initially, the Museum contacted Wang with a permission form but later withdrew all of her works from the exhibition. The Museum claims they removed Wang’s translations at her request, a claim Wang denies. Now, the British Museum refuses to reinstate her translations. Read more here. (TS)
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[Cultural Heritage] Israeli Legislative Committee Approves Bill Expanding Authority over Antiquities in the West Bank
In Israel, the Ministerial Committee of Legislative Affairs approved a bill that seeks to expand Israeli civilian control over archaeological sites in the West Bank. The current governmental body that is tasked with managing archaeological sites in the West Bank is managed by the Israeli military, but this bill would increase Israeli civilian involvement. Introduced by Likud Knesset Member Amit Halevi, he contended that archaeological sites there have “no connection” to the Palestinian Authority.
Members of the Israeli military have objected to the bill, arguing that because Israel has not annexed the West Bank, the military is the governing body best suited to manage archaeological sites. The left-wing Israeli nonprofit Emek Shaveh believed that the law signaled an intention by right-wing Israelis to further attempt annexation of the West Bank, while right-wing Israelis contend that the transfer of power will prevent antiquities theft. Read more here. (JGS).
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[Labor Law] Artist Accused of Firing Employee for Union Support
NYC-based Artist Daniel Arsham is accused of violating labor laws, including firing an employee for union activities, per a complaint by the Brooklyn National Labor Relations Board (NLRB). Employees at Arsham’s studio voted to join the Wholesale and Chain Store Food Employees Union, Local 338 in November 2023. The complaint alleges Arsham forced employees to attend an anti-union meeting and that a labor consultant threatened stricter policy enforcement and job terminations. One employee was allegedly fired for supporting the union. The NLRB found the allegations credible and seeks a settlement requiring Arsham to acknowledge employee rights, provide manager training, compensate the terminated employee, and issue an apology. If no settlement is reached, a hearing is scheduled with the NLRB Administrative Law Judge for October 15 in Brooklyn. Read more here. (TS)
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[Nazi-era Looted Art Restitution] Lost Legacy: St. Louis Family's Quest to Reclaim Stolen Nazi-Era Art
A St. Louis-based family continues their search for art once belonging to their family. Vera Emmons and her son, Nathan Emmons, a Chicago lawyer, continue to search for the objects belonging to Vera’s great-great-grandfather, Max Ginsberg (1972-1938). Ginsberg, native of Berlin, and accumulated his wealth as a merchant, amassed an extensive art collection, including an array of Islamic art. More than 380 objects of an estimated 400 were looted under the Nazi rule and sold at auction in London in 1939. Many of Ginsberg family members perished in concentration camps; his surviving heirs continue the search for their art. The Emmons have encountered obstacles in their search for their art, from trouble tracking down family ancestors to difficulty creating an inventory of what Ginsberg once owned. Read more here and here. (TD)
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[Restitution] From US to Thailand in 2024
The Art Institute of Chicago is returning a fragment of a doorframe from a shrine to Thailand. The carved wood object dates back to the 12th century; it was illegally removed from the Phanom Rung shrine to the Hindu god Shiva in northeast Thailand, and had been on long-term loan to the Art Institute of Chicago since 1996; it was later added to the Institute’s permanent collection in 2017. The recent return of this object to its original home in Thailand reflects the sometimes prolonged process of repatriation, even in 2024. Read more here. (TD)
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[Deaccessioning] To Sell or Not to Sell
Three prized paintings, permanently loaned to Berlin’s state museums, have gone up for sale at the Gagosian in New York. One painting by Cy Twombly and two by Andy Warhol were bequeathed by collector Erich Marx upon his death in 2020, to the Prussian Cultural Heritage Foundation (SPK). Reports assert that “in 2014, the art collector’s loan agreement with the foundation stated that no works should be removed [from the museum] or sold.” However, the trio of paintings have made their way to New York to be sold, opening a debate about whether or not the foundation’s actions have complied with the wishes of the lenders and the loan agreement. Read more here. (TD)
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[Deaccessioning] What is “Conservative” Art?
Valparaiso University is petitioning the Porter County Superior Court for approval to sell two paintings from its collection—Georgia O’Keeffe’s Rust Red Hills (1930) and Childe Hassam’s The Silver Veil and the Golden Gate (1914)—to finance dormitory renovations. The university is justifying this sale to the court by arguing that the paintings do not align with one of its donor’s stipulated “conservative art” requirements. Junius R. Sloan’s 1953 donation to the university was reportedly restricted to the university’s acquisition of “conservative” American art, a term now interpreted by the university to exclude modernist works. Richard Brauer, a former professor and the university museum’s namesake, asserts the flexible definition of “conservative,” even referencing O’Keeffe’s high praise from politicians like Ronald Reagan. With the Hassam valued at $1-3.5 million and the O’Keeffe at $15 million, the case hinges on reconciling donor intent with present financial and interpretative challenges. Read more here. (HB)
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[Digital Art] NFT Artists Sue the SEC to Protect Artworks from Regulation Enforcement.
Law professor and conceptual artist Brian L. Frye, along with his co-plaintiff musician Jonathan Mann, sued the SEC in Louisiana federal court to protect their nonfungible tokens (NFTs) from being subject to SEC enforcement actions. Frye’s work, entitled Cryptographic Tokens of Material Financial Benefit, will be sold by his business entity, Securities Art LLC, in a performance that is “intended to illustrate the absurdity of the SEC’s claim that it has the authority to regulate NFTs that represent ownership of artworks.” Frye previously sent the SEC “no-action” letters on the enforcement of his work as subject to securities law, but the SEC never responded, which he alleges deprived him of a “final agency action” required under the Administrative Procedures Act. The plaintiffs also argued that their NFTs should be treated as collectibles, like traditional artworks, rather than securities (eg. stocks or bonds), under tax law. Read more here. (JGS).
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[Vandalism] Statue Beheaded
An 18-foot-tall bronze statue in celebration of women and justice was beheaded in July in Texas. The Shahzia Sikander statue, which was previously on display in NYC’s Madison Square Park, situated on the University of Houston’s campus, was vandalized following protests. The vandalism is believed to have been intentional. Rather than repair the work, the artist has opted to leave the statue on display damaged. Sikander hopes that the statue standing without its head testifies to the crime rather than covering it up. Read more about the incident here. (TD)
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[Expression] Controversial Artwork Depicting Jesus Removed by Council in Sydney, Australia
A council in Sydney decided to remove the artwork, Jesus Speaks to the Daughters of Jerusalem by Philjames, after the artwork was met with threats of violence and online protests. Formerly exhibited at the Casula Powerhouse Arts Centre, the artwork was reportedly a “playful” scene of Jesus Christ represented through Looney Tunes characters. Online protestors claimed that the piece mocked Christianity, with some threatening the museum and its staff with violence. The Mayor of Liverpool, Ned Mannoun, had also called for the removal of the painting. Read more here. (BO)
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[Vandalism/Activism] Stop Right There! “Just Stop Oil” Activists Found Guilty After Throwing Soup on van Gogh’s Sunflowers
In the UK, two “Just Stop Oil” activists were found guilty of criminal damage after throwing soup at Vincent van Gogh’s, Sunflowers, in October 2022. The 22-year-olds, Phoebe Plummer and Anna Holland tossed two tins of tomato soup onto the painting at the National Gallery in central London, then glued their hands to the wall beneath it. They reportedly intended their act of protest to draw attention to the environmental crisis caused by increased fossil fuel licensing and subsidies being offered to corporations by former UK Prime Minister, Liz Truss. Prosecutors stated that the frame of the glass-covered painting was left damaged after the incident. Under the orders of Judge Chistopher Hehir, the activists are prohibited from carrying glue, paint, or visiting any museums or galleries. Their sentencing is scheduled for September 27th. Read more here. (BO)
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[Nazi-era Looted Art Restitution] Another Egon Schiele Painting Looted by the Nazis Returns to Heirs of Holocaust Victim
On Friday, July 27, 2024, Timothy Reif accepted another Egon Schiele painting that the Nazis looted from his ancestors. What was notable about this return, however, was that the painting was given up voluntarily by its current possessors. The painting, entitled Seated Nude Woman, front view (1918), had recently been hanging in the home of a Jewish economist Gustav Fritz Papanek, who did not know the work had been stolen. The painting was originally seized by the Nazis for a collection of art deemed “degenerate,” and it was later sold by Hitler’s personal curator to a Swiss auction house. That auction house sold the painting to Otto Kallir, an art dealer in New York. When an appraisal process uncovered provenance of the work in 2022, Papanek stated that it was the “right thing” to return the work to Reif. The painting will be auctioned at Christie’s, and the proceeds will go to charities that support young artists. Read more here. (JGS).
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[Museum Issues] Theft as Performance: Artist Swaps Coin from the British Museum Display with Fake and Drops It in a Donation Box to Highlight “Hidden” Nature of Museum Collections.
Brazilian artist Ilê Sartuzi allegedly removed a historical coin from its display case in the British Museum as part of his MFA thesis presentation. In his performance, entitled Sleight of Hand, Sartuzi removed the coin from its display case, replaced it with a replica, and dropped the original in a donation box within the British Museum. The performance was devised by Sartuzi after a year spent observing museum workers handling the display cases. To ensure that he would not face criminal liability for theft, Sartuzi consulted with his lawyer on key aspects of the performance. Sartuzi stated that the performance was meant to call attention to Western museums’ collections derived from imperialism and colonialism. Read more here. (JGS).
Publicizing the Center for Art Law’s Past Event Recordings
As a reminder, the Center has made some of our most popular past events available to the public! We hope sharing this programming will introduce the exciting world of art law to new audiences and offer a look inside the fascinating work we do here. Now anyone can hear from expert speakers about artist estate planning, discover the complexities of celestial art law, engage with the tough questions surrounding gallery relations, and contemplate the economic implications of forgeries. These videos will be available on YouTube and accessible through the Center for Art Law Events Page. Premium Members have access to recordings and further reading materials for every past event through the website.
Public Art & the Law: Exploring Public Art Commissions (Part 2)
Location:
Online
Date:
Fri, Sep 13, 2024 12 PM
Participants will learn to differentiate between temporary and permanent public art installations and understand the contractual differences and requirements for each type. The webinar will address moral rights and intellectual property considerations highlighting key elements in public art contracts and discussing the specifics of licensing agreements with cities and the implications for artists.
Special Guests:
Kendal Henry, Assistant Commissioner, Public Art at NYC Department of Cultural Affairs
and
Santha Rauer, Deputy General Counsel at NYC Department of Cultural Affairs
Licensing Art for Movies & Productions: Process & Practice
Webinar
Location:
Online
Date:
Wed, Sep 18, 2024 12 PM
We will also discuss the mechanics of licensing, including the thought process behind choosing an artwork, the practical steps required to secure the rights to use specific artworks, and how artists can license their work for these purposes.
Special Guests:
Janet Hicks, Vice President, Director of Licensing at Artists Rights Society
and
Wendy Cohen owner of Wendy Cohen Production Resources
International Foundation for Art Research: Series on Art Crime
Date:
Mon, Aug 26, 2024 6 PM
August 26 – September 30
IFAR has partnered with art detective Robert Wittman for a five-session online lecture series exploring the fascinating world of art crime. Wittman, who served for 20 years as the FBI’s investigative expert and founded the FBI’s National Art Crime Team, is responsible for recovering more than $300 million in stolen art and cultural property worldwide. Wittman will draw on his personal experiences to discuss infamous art heists, daring recovery operations, the looting and destruction of ancient treasures, and the multi-billion-dollar industry of fakes and forgeries. Participants will gain insights from his illustrious career, including undercover operations to recover masterpieces and collaborations with international law enforcement agencies
The Art of Provenance Research: Art Detectives in Conversation
Date:
Wed, Aug 28, 2024 7 PM
Join Victoria Reed, Senior Curator for Provenance at Museum of Fine Arts, Boston, and Johns Hopkins faculty member Stephanie Brown for a chat about art history mysteries.
Victoria Reed is Senior Curator for Provenance at Museum of Fine Arts, Boston. Trained as a Renaissance art historian, she has been conducting provenance research in art museums for over 20 years. At the Museum of Fine Arts, Boston, she oversees provenance research and documentation, responds to ownership claims, and coordinates and implements due diligence policies and practices for the curatorial division. Reed’s scholarly interests include the collecting histories of stolen artwork (particularly looted art that came to America after World War II), the development of museum ethics in the U.S., and the iconography of decapitation in medieval and early modern Europe.
Stephanie Brown is Assistant Director and Senior Lecturer in the Johns Hopkins MA in Museum Studies program. She is the author of The Case of the Disappearing Gauguin: A Study of Authenticity and the Art Market (Rowman & Littlefield / Bloomsbury, 2024).
Appraisers Association of America: 2024 Art Law Day
Location:
Benjamin N. Cardozo School of Law
Date:
Fri, Nov 08, 2024 9 AM
Save the Date: 2024 Art Law Day
Friday, November 8, 2024
In-Person, Benjamin N. Cardozo School of Law, New York, NY
and Virtual
Registration Opens Summer 2024
Transferred to Reich Ownership. Documenting, identifying and restituting Nazi-looted cultural property
Location:
Museum of Decorative Arts, Prague
Date:
Tue, Sep 17, 2024 9 AM
The Documentation Centre for Property Transfers of the Cultural Assets of WWII Victims is organizing the 8th international conference on the expropriation of property during the Second World War, which takes place on 17–18 September 2024. The programme of the international event will focus on the issues of provenance research, the fate of looted books and libraries, the restitution of looted cultural property, as well as the possibilities of cooperation in the field of identification, documentation and restitution of cultural property looted to the victims of the Second World War.
The event will take place at the Museum of Decorative Arts in Prague, 17-18 September 2024.
Languages of the conference are Czech and English (simultaneous interpretation will be provided).
Restituting Nazi-confiscated Art: A Restatement
Date:
Mon, Sep 16, 2024 6 PM
In 1998, 44 States endorsed the “Washington Conference Principles on Nazi-Confiscated Art”, 11 soft-law principles to encourage “just and fair solutions” for artworks and cultural property that had been taken from Jewish people in the Holocaust. These principles have set in motion a far-reaching process of restitution of artworks outside court proceedings producing thousands of decisions in the six most active countries: Germany, Austria, the Netherlands, France, the United Kingdom, and Switzerland – good reasons to distill from this practice a “Restatement of Restitution Rules for Nazi-Confiscated Art” in order to identify recurring issues, tipping points, and a “grammar of reasons” that will help to address recurring points of controversy. And it is this “Restatement”, elaborated by
Professor Matthias Weller and his team of PhD researchers over the last five years, that Professor Weller will present. He will focus on the concept behind and the results of this research project, possible implications for international practice, as well as the context of his work in Germany, where the Government is currently undertaking a major reform of the restitution process.
Career Opportunities
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Gallery Intern, Yancey Richardson Gallery, New York
Rosebud Art Studio is looking for highly engaging art educators who are also practicing artists. The art educator will be placed inside a Brooklyn-based public school to teach After-school Art Programs. Read more and apply here.
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Museum Attendant Guard, Museum of the City of New York
The Museum of the City of New York seeks a Museum Attendant Guard who is responsible for the safety and security of the Museum’s staff, visitors, objects, building, and the Museum’s other physical property. The Museum Attendant Guard will also support the overall daily operations of services to the public, Museum staff, and other personnel as assigned and within the scope of the position. Read more here.
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Assistant Commissioner, Program Services, Department of Cultural Affairs NY
The Department of Cultural Affairs (DCLA) seeks a dynamic leader to serve as the Assistant Commissioner for its Program Services unit, which manages approximately $85 million annually through Cultural Development Fund (CDF) grants and City Council Initiatives. The Program Services Unit provides fiscal support and technical assistance to non-profit cultural organizations of all sizes working in every discipline throughout the five boroughs of New York City. The Assistant Commissioner role offers a major opportunity to further shape efforts to foster more equitable funding from one of the largest cultural grant makers in the U.S. Read more here.
Professional Development and Educational Opportunities
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NYFA: Free 1-on-1 Consultations For Immigrant Artists
NYFA’s popular 1-on-1 Consultations for Immigrant Artists program is returning for the 2nd year! This consultation program offers FREE, online career consultation sessions with art industry experts in English, Mandarin Chinese (普通話), and Spanish (espaňol). The July sessions are up for grab and we will release more new sessions on August 1, September 2, and October 1 at 12:00 PM ET. Read more here.
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Ukrainian-American Arts Research Fellowship, Borshch of Art
The Borshch of Art’s Ukrainian-American Arts Research Fellowship is a 12-week program which supports recent graduates, graduate, and pre-doctoral students who are interested in researching American artists of Ukrainian descent.
Using profiles from the Discover Database as a starting point, Fellows will be tasked with writing papers about artists’ legacies, artistic practice and will explore connections between artists creating new angles of exploration and building academic knowledge.
A $500 stipend is being offered to Ukrainian-American Arts Research Fellows upon successful completion of the program. Read more here.
August Case Law Corner
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Agudas Chasidei Chabad of U.S. v. Russian Fed’n, No. 23-7036 (D.C. Cir. Aug. 6, 2024).
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Rosa v. Eaton, No. 23 Civ 6087 (DEH) (S.D.N.Y. June 23, 2024).
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Great Bowery Inc. v. Consequence Sound LLC, No. 23-CV-80488-ROSENBERG (S.D. Fla. July 1, 2024).
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Peru v. Johnson, 720 F. Supp. 810 (C.D. Cal. 1989).
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Vinberg v. Bissonnette, 548 F.3d 50 (1st Cir. 2008).
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Museum of Fine Arts, Bos. v. Seger-Thomschitz, 623 F.3d 1 (1st Cir. 2010).
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Toledo Museum of Art v. Ullin, 477 F. Supp. 2d 802 (N.D. Ohio 2006).
The Parthenon Marbles Dispute: Heritage, Law, Politics
by Alexander Herman
This book offers a fresh take on the Parthenon Marbles dispute by explaining how the Marbles paved the way of the larger debates around cultural heritage and restitution now taking place. The subject is currently embroiling museums, governments, universities and the public at large. The book provides an account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin.
Nazi-Era Provenance of Museum Collections: A Research Guide
by Jacques Schuhmacher, et al.
When we look at the artworks on display in museums, there is always a real possibility that some of these objects once belonged to victims of the Nazis – a possibility that has remained unacknowledged for far too long. Countless artworks were seized or forcibly sold, with many ending up in museum collections around the world, even in countries which actively fought to defeat Nazi Germany. Nazi-Era Provenance of Museum Collections equips readers with the knowledge and strategies essential for confronting the shadow of the Nazi past in museum collections. Jacques Schuhmacher provides the vital historical orientation required to understand the Nazis’ complex campaign of systematic dispossession and extermination and highlights the current environment in which museum-based Nazi-era provenance research takes place.
Camera Geologica: An Elemental History of Photography
by Siobhan Angus
This book dissects, examines, and retells the story of the photography medium through the minerals that produce it. Bringing together art history, media studies and environmentalism, Angus focuses on the resource extraction inherent to photography as an art form and considers how the subject of mining and extraction are seemingly erased from the medium. Overall, the book brings attention to the relationship between art, extraction, labor and environmental justice.
International Law of Underwater Cultural Heritage (2022 Edition)
by Kim Browne and Murray Raff
This book brings together three distinct areas of International Law (Environmental, Heritage and Ocean Law) to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose.
Battle for the Museum: Cultural Institutions in Crisis
by Rachel Spence
Now, more than ever, exhibits and the organizations responsible for them have become part of our troubled politics. Protests force out problematic patrons and curators, and pressure museums to abandon fossil fuel sponsorship. Campaigners demand equality and diversity, and condemn exploitation, of artists and staff alike. Those confronting racism and imperial legacies call for restitution of cultural objects. Arts journalist Rachel Spence has watched these institutions become a flashpoint for today’s social divisions. She interviews those on the frontlines, from artists and activists to directors and donors, revealing stories of elitism, inequality and injustice. Business and finance launder their reputations through art fair and museum patronage, while governments bolster their authority by weaponizing or attacking the arts-and ordinary museum-goers mobilize to demand better. How did we get here, and what lies ahead for these institutions? From China and Russia to Cuba and New York, from the British Museum and the Louvre to the Guggenheim in Abu Dhabi, Battle for the Museum uncovers a dark nexus of capital, culture and power-and a radical shift in attitudes, driven by resistance movements fighting fiercely for exhibition spaces that serve today’s public.