The document discusses various topics related to art law research including relevant statutes, regulations, organizations, and resources. It provides an overview of key U.S. federal laws governing areas like cultural property, antiquities, copyright, and more. International issues are also briefly covered. A wide range of research tools, sources, and strategies are presented including legal databases, publications, practice guides, and methods for staying current in the evolving field of art law.

1. Jon R. Cavicchi
Professor & IP Librarian
©2012

2. Artwork in this presentation
• THE ART OF RAVEN SKYE MCDONOUGH

4. According to the U.S. National Central Bureaus of Interpol, a branch of the
U.S. Department of Justice, the annual dollar value of art theft is exceeded
only by the trafficking of illegal drugs and arms. And often, the criminal
networks that traffics the sale of art are the same networks that deal in other
illegal transactions.

5. For Art Theft,
For Art Theft,
Counterfeiting &
Counterfeiting &
Piracy see IP Crimes
Piracy see IP Crimes
and Museum Law
and Museum Law
Research Pathfinders
Research Pathfinders

6. 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

8. Think about what’s inside the
box , then think outside the box

9. 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

10. 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 Nation's communities and their
citizens; 42 U.S.C.A. § 8143

11. What is the scope of art law?

12. Scope of Art Law
Lerner : Practising Law Institute (PLI)

14. Scope of Art Law
DuBoff Case Book
Click to see
Click to see
Table of
Table of
Contents
Contents

17. Legal Research
Tools and Strategies

18. 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

19. Customize Westlaw for Quick Access
to Art Law Content

20. Legal Research Pathfinders
• Georgetown
• BU
• Cleveland Marshall
• Legal Research Exchange

21. Secondary Legal Sources
• Online Catalog Subject Headings
– Artists
– Arts
– Law and Art
• Title searches
• Keyword searches

22. Looseleaf Treatises always up to
date…

23. Non-professional
artist guides

24. 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

25. Art law articles are in many
journals

26. Art = Interdisciplinary

27. New Sources

28. General Open Web Portals

29. Practice Materials : Forms

30. • Public records
• Court Dockets, Records, Briefs and Filings
• Expert Witness Analysis, Jury Verdicts &
Settlements
• Bill tracking
• Use alerts & RSS

35. Social Media : Linkedin Groups

38. Law Firm Art Law Practice Groups

39. Links to art law firms
Links to art law firms
& other resources
& other resources

40. Spectrum from open web to
premium content

41. Look for compiled case law
sources

42. • Keyword Searches
• Secondary Sources
• News Sources
• Search for West Topics & Key Numbers

43. • 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

44. • 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

46. – 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.

47. • 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

48. Arts Related Organizations

49. Artists
“Preeminent
“Preeminent
copyright, licensing,
copyright, licensing,
and monitoring
and monitoring
organization for
organization for
visual artists in the
visual artists in the
United States”
United States”

50. Volunteer Lawyers for the Arts

51. Professional Associations

52. Trade Related Resources

53. NGOs

54. U.S.
Government

55. Academic

56. 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.

57. International Organizations

59. 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

60. Foreign Laws
• Wexis have wildly inconsistent country
coverage.
• No “art law around the world” resource
• Cross reference Wexis

62. 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

63. Google Reader in Plain English

64. In conclusion, change is constant so
stay in touch with the Library…