Capacitizing Yourself as an Art Law Professional


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Capacitizing Yourself as an Art Law Professional

  1. 1. Jon R. CavicchiProfessor & IP Librarian ©2012
  2. 2. Artwork in this presentation• THE ART OF RAVEN SKYE MCDONOUGH
  3. 3. According to the U.S. National Central Bureaus of Interpol, a branch of theU.S. Department of Justice, the annual dollar value of art theft is exceededonly by the trafficking of illegal drugs and arms. And often, the criminalnetworks that traffics the sale of art are the same networks that deal in otherillegal transactions.
  4. 4. For Art Theft, For Art Theft, Counterfeiting & Counterfeiting &Piracy see IP Crimes Piracy see IP Crimes and Museum Law and Museum LawResearch Pathfinders Research Pathfinders
  5. 5. Attorneys• West Legal Directory – 1300+ list art as area of practice – 1000+ publish on art topics – 900+ affiliated with lawyers for arts groups – 4000+ are affiliated with arts organizations
  6. 6. Think about what’s inside thebox , then think outside the box
  7. 7. Most fun area of law to practice research skills• Content is distributed globally• Spectrum of from information overload to no legal authorities at your disposal• Resort to Berring “Commando Legal Research Rules – Use a Human Being – Any Port in a Storm• Often have to back into art law research through news
  8. 8. Define art : plain meaning rule• The expression or application of human creative skill and imagination, typically in a visual form such as painting or sculpture• Works produced by such skill and imagination• The quality, production, expression, or realm, according to aesthetic principles, of what is beautiful, appealing, or of more than ordinary significance.• any field using the skills or techniques of art• the fine arts collectively, often excluding architecture• (1) the terms "art" and "arts" include, but are not limited to, architecture (including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, communications media and film, as well as other similar activities which reflect the cultural heritage of the Nations communities and their citizens; 42 U.S.C.A. § 8143
  9. 9. What is the scope of art law?
  10. 10. Scope of Art LawLerner : Practising Law Institute (PLI)
  11. 11. Scope of Art LawDuBoff Case Book Click to see Click to see Table of Table of Contents Contents
  12. 12. Legal ResearchTools and Strategies
  13. 13. So what type of project are you working on?• Legal Research – Transactional – Litigation• How to / training materials• Client awareness and education• Public Policy• News• Statistics• Public relations• Fundraising
  14. 14. Customize Westlaw for Quick Access to Art Law Content
  15. 15. Legal Research Pathfinders• Georgetown• BU• Cleveland Marshall• Legal Research Exchange
  16. 16. Secondary Legal Sources• Online Catalog Subject Headings – Artists – Arts – Law and Art• Title searches• Keyword searches
  17. 17. Looseleaf Treatises always up to date…
  18. 18. Non-professional artist guides
  19. 19. Dedicated Art Law Legal Periodical Literature• Cardozo Arts & Entertainment Law Journal• Columbia Journal of Law & the Arts• DePaul Journal of Art, Technology & Intellectual Property Law• Washington Journal of Law, Technology & Arts Law Law Reviews Reviews Open Open Web Web Commercial Commercial Journal Journal
  20. 20. Art law articles are in many journals
  21. 21. Art = Interdisciplinary
  22. 22. New Sources
  23. 23. General Open Web Portals
  24. 24. Practice Materials : Forms
  25. 25. • Public records• Court Dockets, Records, Briefs and Filings• Expert Witness Analysis, Jury Verdicts & Settlements• Bill tracking• Use alerts & RSS
  26. 26. Social Media : Linkedin Groups
  27. 27. Law Firm Art Law Practice Groups
  28. 28. Links to art law firms Links to art law firms & other resources & other resources
  29. 29. Spectrum from open web to premium content
  30. 30. Look for compiled case lawsources
  31. 31. • Keyword Searches• Secondary Sources• News Sources• Search for West Topics & Key Numbers
  32. 32. • 16 U.S.C. secs. 461 to 470aaa-11 (includes the Archaeological Resources Protection Act) These sections of Title 16 ("Conservation") concern the preservation and protection of important historic sites, buildings, objects, and antiquities. Convention on Cultural Property Implementation Act, Pub. L. No. 97-446, secs. 301-15, 96 Stat. 2329, 2350-63 (1983) (codified at 19 U.S.C. secs. 2601-2613) This act implements the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property and authorizes the President to enter into bilateral agreements with party nations to prevent the import of certain "archaeological or ethnological material." National Stolen Property Act, 18 U.S.C. secs. 2314-15 This act prohibits, among other things, the knowing transportation or sale of stolen or fraudulently obtained merchandise (e.g., a work of art) worth $5,000 or more. Abandoned Shipwreck Act of 1987, Pub. L. No. 100-298, 102 Stat. 432 (1988) (codified at 43 U.S.C. secs. 2101-2106) This act applies to abandoned shipwrecks in submerged state lands. It abrogates the law of finds and salvage; the United States takes title to these shipwrecks and then ownership is transferred to the state where the shipwreck is located. 18 U.S.C. sec. 668 Prohibits the theft of major works of art and cultural objects from museums in the United States. 19 U.S.C. secs. 2091-2095 Prohibits the importation of certain stone carvings and wall art that is the "product of a pre-Columbian Indian culture of Mexico, Central America, South America, or the Caribbean Islands." Native American Graves Protection and Repatriation Act, Pub. L. No. 101-601, 104 Stat. 3048 (1990) (codified at 25 U.S.C. secs. 3001-13, 18 U.S.C. sec. 1170) This act protects Native American burial sites by prohibiting unauthorized excavation and trafficking in certain items, such as human remains and funerary objects. It also establishes a system for the repatriation of items removed prior to the effective date of the act. 22 U.S.C. sec. 2459 Protects certain works of art and "other objects of cultural significance" imported into the United States for temporary exhibition at a museum or similar institution from seizure under judicial process. Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541 (codified as amended at 17 U.S.C. secs. 101-805) Works of art are protected by U.S. copyright law. Provisions of this act apply to the creation, ownership, reproduction, and dissemination of
  33. 33. • 2 USC Congressional Recognition for Excellence in Arts Education• 16 National Park for the Performing Arts Historic Sites, Buildings, Objects, and Antiquities• 18 Visual Arts Registry … art and cultural property theft• 19 -Importation Of Pre-Columbian Monumental or Architectural Sculpture or Murals• 20 Smithsonian Institution, National Museums and Art Galleries• American Indian, Alaska Native, and Native Hawaiian Culture and Art Development• 26 IRC Exemption for free lance authors, photographers, and artists• 36 American Academy of Arts and Letters• 40 Public Buildings, Property, and Works including culture and performing arts• 42 National Environmental Policy Congressional declaration of purpose dealing with heritage and cultural preservation.• Commission of Fine Arts
  34. 34. – 18 C.F.R. secs. 1312.1-1312.21 Regulations related to archaeological resources protection.– 19 C.F.R. secs. 12.104-12.109 Regulations governing the import of certain cultural property and pre-Columbian sculptures and murals.– 25 C.F.R. secs. 262.1-262.8 Regulations on Native American archaeological resources.– 36 C.F.R. secs. 73.1-73.17 World Heritage Convention regulations.– 37 C.F.R. secs. 201.2-212.8 Regulations promulgated by the U.S. Copyright Office governing copyright registration and other procedures, including regulations regarding the Visual Arts Registry and specific requirements for the registration of pictorial, graphic, and sculptural works.– 43 C.F.R. secs. 3.1-3.17, 7.1-7.37, 10.1-10.17 Regulations from the Department of the Interior regarding cultural property.– 45 C.F.R. secs. 1100.1-1186.670 Regulations related to the National Foundation on the Arts and Humanities.
  35. 35. • Title 19 Customs DutiesU.S. Customs and Border Protection• Title 22 Foreign RelationsStateVisas: Documentation of Nonimmigrants• Title 25 IndiansIndian Arts and Crafts Board• Title 28 Bureau of Prisons, Department of Justice Inmate RecreationArt• Title 32. National DefenseNavy Art Collection• Title 36. Parks, Forests, and Public PropertyFine Arts• Title 41. Public Contracts and Property ManagementArt-in- Architecture• Title 45. Public WelfareFederal Council on the Arts and the Humanities
  36. 36. Arts Related Organizations
  37. 37. Artists “Preeminent “Preeminentcopyright, licensing, copyright, licensing, and monitoring and monitoring organization for organization for visual artists in the visual artists in the United States” United States”
  38. 38. Volunteer Lawyers for the Arts
  39. 39. Professional Associations
  40. 40. Trade Related Resources
  41. 41. NGOs
  42. 42. U.S.Government
  43. 43. Academic
  44. 44. International Art Law : Policy• Five typical interests can be extracted from the battle grounds of international art law: – global interests of the international civil society, – national interests of states and nations in preserving artworks of national significance in the home country, – private interests of the owners of an artwork or the artists, – interests of the artworks themselves, – market interests.
  45. 45. International Organizations
  46. 46. Stolen Art Work Registers Image Database: International Cultural Property Protection Interpol: Stolen Works of Art Looted Art -- Information Site Museum Security Network The Art Loss Register UNESCO -- World Heritage International Council of Museums
  47. 47. Foreign Laws• Wexis have wildly inconsistent country coverage.• No “art law around the world” resource• Cross reference Wexis
  48. 48. Staying up to date• Develop you art law toolkit – Review on a regular basis• Email newsletters• Blogs• RSS Feeds• Alerts – premium & open web• Social networking • Face to face and Web 2.0
  49. 49. Google Reader in Plain English
  50. 50. In conclusion, change is constant so stay in touch with the Library…