The Library
Below is a list of books and journals that the Center for Art Law compiles in our quest to keep track of the art law publications and relevant scholarship.
If you are working on a new title, or your book is already out, and you would like to have it included in the Repository, please send us information about it (Title, Author/Editor(s), Date of Publication; ISBN, short summary, link to your publisher/distributor).
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Intentional Destruction of Cultural Heritage and the Law: A Research Companion
“The world has been shocked by the destruction of world cultural heritage sites over the past two decades, as seen in widely disseminated videos depicting events such as the demolition of the Buddhas of Bamiyan and the ancient Syrian city of Palmyra. These acts are perhaps the clearest and most glaring examples of what is meant by the ‘Intentional Destruction of the Cultural Heritage of Humankind’ (IDCHH).
The book explores in detail the remedies against IDCHH available under international law. These remedies are defined as all the lawful responses provided for both by customary law and by the special responsibility regimes created under the many substantive areas of international law. The examination includes UNESCO instruments and UN measures for the maintenance of international peace, mechanisms for the protection of human rights and those for the protection of investments, and international criminal justice outcomes through the decisions of the Permanent Criminal Court. Thus, the book explores avenues for response such as appeals to international courts, peacekeeping operations and referrals to the criminal legislation of States, in addition to reparations. The concept of the Cultural Heritage of Humankind implies that IDCHH harms all States and all peoples and human groupings in the world, not only the State or people on whose territory the cultural property is located. The book identifies the international law avenues for subjects not directly injured by IDCHH to obtain its cessation and reparation.”
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The Case of the Disappearing Gauguin: A Study of Authenticity and the Art Market
“A globetrotting Gold Rush heiress. An awkward Paris schoolmaster. A celebrated French actor. And a museum of history and art in California’s Central Valley. What do they have in common? They are all connected by an oil painting, a still life called Flowers and Fruit, that may or may not have been painted by the post-Impressionist Paul Gauguin.
In the decade that museums began to collect modern art, Flowers and Fruit traveled the art market in Paris and New York. Experts and connoisseurs hailed it as a signature work of Gauguin just as he came to be acknowledged as a master. When it joined the Haggin Museum in Stockton, California, locals treasured it as “the Museum’s Gauguin.”
But by 1964, Gauguin scholars and experts in Paris and New York had lost track of the painting and declared it lost. When it resurfaced in 2018, they questioned its authenticity. How could a genuine Gauguin have been hiding in plain sight in a provincial American museum?
Is Flowers and Fruit a forgery or is it authentic? Follow along as historian, curator, and professor of museum studies Dr. Stephanie Brown traces the unlikely history of the painting. Using never-before-seen archives and making new connections, Brown writes the biography of a painting―and explores what we mean by authenticity and who gets to define it.
Now undergoing technical examination as a result of Dr. Brown’s findings, Flowers and Fruit has embarked on a new chapter of its life. If the painting is authentic, it will be the most valuable painting in the Haggin’s collection―and one of the most important paintings in California. And if the painting is a forgery, who was the forger?”
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Contemporary Artificial Art and the Law: Searching for an Author
“The advent of Artificial Intelligence (AI) as an “autonomous author” urges the law to rethink authorship, originality, creativity. AI-generated artworks are in search of an author because current copyright laws offer as a solution only public domain or fragile regulatory mechanisms. During the 20th century visual artists have been posing persistent challenges to the law world: Conceptual Art favoured legal mechanisms alternative to copyright law. The case of AI-art is, however, different: for the first time the artworld is discovering the prospective of an art without human authors. Rather than preserving the status quo in the law world, policy makers should consider a reformative conception of AI in copyright law and take inspiration from innovative theories in the field of robot law, where new frames for a legal personhood of artificial agents are proposed. This would have a spill-over effect also on copyright regulations.”
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Copyright and Patent Laws for the Age of Artificial Intelligence
“This book responds to the need to distinguish human creations from those produced by AI. It does so by tracing human attributes of authorship and inventorship in statutory requirements for protection and ownership in European copyright and patent laws.
Its main contribution lies in exposing shortcomings in how the laws are applied in the UK, Germany, and France. It shows that the human origin of creations is traditionally inferred from their expressive form or technical character. Given the advancements in AI, such inferences are no longer legitimate. What is more, these shortcomings may eventually lead to granting copyright or patent protection where none is lawfully permitted or sufficiently justified. To remedy the situation, this book offers doctrinal and conceptual amendments and proposes law reforms to implement them.
This book guides authorities, practitioners, and students through the main arguments of the debate concerning copyright and patents for objects entirely or partly generated by AI. It also makes original contributions to advance the ongoing academic and policy debates on AI and intellectual property law.”
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From These Roots: My Fight with Harvard to Reclaim My Legacy
“One woman’s unrelenting mission to reclaim her ancestors’ history and honor their lineage pits her against one of the country’s most powerful institutions: Harvard University.
Tamara Lanier grew up listening to her mother’s stories about her ancestors […] Her discovery of a nineteenth-century daguerreotype at Harvard University’s Peabody Museum of Archaeology and Ethnology, one of the first-ever photos of enslaved people from Africa, reveals a dark-skinned man with short-cropped silver hair and chiseled cheekbones. The information read “Renty, Congo.” All at once, Lanier knew she was staring at the ancestor her mother told her so much about—Papa Renty.
In a compelling account covering more than a decade of her own research, Lanier takes us on her quest to prove her genealogical bloodline to Papa Renty’s that pits her in a legal battle against Harvard and its army of lawyers. The question is, who has claim to the stories, artifacts, and remnants of America’s stained history—the institutions who acquired and housed them for generations, or the descendants who have survived?
From These Roots is not only a historical record of one woman’s lineage but a call to justice that fights for all those demanding to reclaim, honor, and lay to rest the remains of mishandled lives and memories.”
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Books Reviews
Book Review: “Lust on Trial: Censorship and the Rise of American Obscenity in the Age of…
Book Review: “All That Glitters: A Story of Friendship, Fraud and Fine Art” (2024)
Book Review: Caveat Emptor: The Secret Life of an American Art Forger (2012) by Ken Perenyi
Book Review: “Art & Crime” (2022) by Stefan Koldenhoff & Tobias Timm, eng. ed.
Book Review: “Museum Administration: Law and Practice” by Walter Lehmann (2022)
Book Review: “Posthumous Art, Law and the Art Market,” Sharon Hecker and Peter J. Karol, eds.…
Book Review: The Art Collecting Legal Handbook, Bruno W. Boesch And Massimo Sterpi, eds. (3rd ed.,…
Book Review: “Lost Art: The Art Loss Register Casebook Vol I” (2021) by Anja Shortland
Book Review: “The Whole Picture: The Colonial Story of the Art in Our Museums & Why…
Art Law Journals
Book Review: “Females in the Frame: Women, Art, and Crime” (2019) by Penelope Jackson
Book Review: “A Philosophy Guide to Street Art and the Law” (2018)
Book Review: “Hitler’s Last Hostages” (2019)
Book Review: “Art and Modern Copyright” (2018)
Book Review: “Females in the Frame: Women, Art, and Crime” (2019)
Book Review: “Art Law and the Business of Art” (2019)
Book Review: “Artist, Authorship & Legacy: A Reader” (2018)
Book Review: “The Bouvier Affair: A True Story” (2019)
Book Review: Joan Kee, “Models of Integrity” (2019)
Book Review: “A Tragic Fate: Law and Ethics in the Battle over Nazi-Looted Art”(2017)
Book Review: “Art Law: A Concise Guide for Artists, Curators, and Art Educators”(2016)
Book Review: “Art and Business: Transactions in Art & Cultural Property” (2016)
Book Review: “Possession: The Curious History of Private Collectors from Antiquity to the Present” (2016)
Book Review: “Fair and just solutions?” (2015)
Book Review: “Visual Arts and the Law: A Handbook for Professionals” (2013)
Book Review: Elizabeth T. Russell’s “Arts Law Conversations”
All Things Come in Threes: Hope reviews Three Recent Publications on Art Forgery
Pitching an idea to e-Textbook Publishers: Trademarks through NY Restaurants
Art Theft – A Sexy Crime?
