1. Books Note: If you are working on a new title, or your book is already out and you would like to have it listed by us, please send us information about it (Title, Author/Editor(s), Date of Publication; ISBN, short summary, link to your publisher/distributor).
- Ben-Dor, Oren (editor), Law and Art: Justice, Ethics and Aesthetics (Routledge-Cavendish, 2011) (ISBN: 9780415560214). “In engaging with the full range of the arts, contributors to this volume consider the relationship between law, justice, the ethical and the aesthetic…. The insights presented in this collection disturb and supplement conventional accounts of justice, inaugurating new possibilities for addressing the origin of violence in our world.” Available for purchase here.
- Blake, Janet, International Cultural Heritage Law (Aug. 2015) (ISBN:978-0-19-872351-6). “Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field. The book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed.” Available for purchase in August 2015 here.
- Boesch, Bruno and Massimo Sterpi (editors), The Art Collecting Legal Handbook (May 31, 2013) (ISBN: 9780414026933). “Each chapter of The Art Collecting Manual addresses a number of issues from the perspective of a different jurisdiction to help collectors [from] making errors that could be potentially illegal. The format of the chapters follow a question and answer style thus enabling readers to make quick and accurate comparisons in multiple jurisdictions covering property law, insurance, customs, tax, inheritance, intellectual property and more.” Available for purchase here.
- Bressler, Judith and Ralph Lerner, Art Law: The Guide for Collectors, Investors, Dealers & Artists (4th ed., 2013) (ISBN-13: 978-1402418884). This publication “includes a host of step-by-step, field-tested checklists and a vast storehouse of adaptable model agreements involving collectors and dealers, artists and dealers, and dealers and dealers, as well as forms for appraisals, property exchanges, tax-free exchanges, loans and promised gifts from artists estates, dealings with auction houses, private and public commissions, and museum donations.” Available for purchase here.
- Chechi, Alessandro, The Settlement of International Cultural Heritage Disputes (May 2014) (ISBN: 9780198703990). This book “provides a comprehensive and nuanced understanding of the issues created by current system governing the settlement of cultural heritage disputes; Examines in detail the applicable legal regimes and dispute settlement procedures, assessing the merits and drawbacks of the governing national and international norms; Offers innovative solutions to the problem of fragmentation within settlements of cultural heritage disputes by focusing on rethinking existing fora and on evolving principles and rules.” Available for purchase here.
- DuBoff, Leonard D., Michael D. Murray, & Sherri Burr, Art Law: Cases and Materials (Revised ed., 2010) (ISBN: 978-0735596580). “Designed as a primary text for courses on Law and the Visual Arts, Cultural Property Law, or Cultural Heritage Law, the three-part framework of this highly readable casebook explores Artists’ Rights, Art Markets, and the International Preservation of Art and Cultural Property. ” Available for purchase here.
- Gerstenblith, Patty, Art, Cultural Heritage, and the Law: Cases and Materials (3rd ed., 2012) (ISBN: 978-1611632040). This comprehensive legal casebook “addresses artists’ rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).” Available for purchase here.
- Jakubowski, Andrzej, State Succession in Cultural Property (June 2015) (ISBN: 9780198738060). This book “provides the first comprehensive analysis of the peculiarities of cultural property as an object of state succession; gives an in depth and broad ranging study of primary sources of international practice of state succession in matters of cultural property; offers de lege ferenda and details of best practice in cultural heritage protection after state succession.” Available June 2015 here.
- Kearns, Paul, Freedom of Artistic Expression: Essays on Culture and Legal Censure (Hart Publishing, 2013) (ISBN: 978-1841130804). “Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. US law, English law, French law, the law of the European Convention on Human Rights, EU law, and public international law are all closely scrutinized to discover the extent to which they offer protection for artistic freedom. Kearns also examines domestic and international law in respect to artists’ moral rights, the law of copyright, and related laws.” Available for purchase here.
- Lazerow, Herbert,“Mastering Art Law” (Dec. 30, 2014). “This book tracks all published art law casebooks. It begins by asking what art is, and why there should be special rules for it.” “This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.”
- Merryman, John Henry, Stephen K. Urice, & Albert E. Elsen, Law, Ethics and the Visual Arts (5th ed., 2007) (ISBN: 978-9041125170). “This new and newly illustrated, fifth edition, revised in collaboration with Stephen K. Urice, incorporates recent changes in treaty, statutory, and case law. It includes discussion of recent developments from the resurgence of iconoclasm to military conflicts’ depredations on cultural property. As in earlier editions, the authors present legal issues in their historical contexts.” Available for purchase here.
- Meyer, Karl E. & Shareen Blair Brysac, “The China Collectors: America’s Century-Long Hunt for Asian Art Treasures“ (Mar. 10, 2015). The authors consider whether the century-long treasure hunt in China (from the Opium Wars to Mao Zedong’s ascent) constituted looting or salvaging, and whether it was ethical to spirit these objects westward to be studied and preserved by trained museum personnel. How should the U.S., Canada and their museums act now that China has the means and will to reclaim its lost heritage?
- Prowda, Judith B., Visual Arts and the Law: A Handbook for Professionals (Handbooks in International Art Business) (2013) (ISBN: 978-1848220867). The topics addressed include: freedom of expression and controversial art, rights of privacy and publicity, copyright, moral rights, artist resale rights, the artist-dealer relationship, commissions, auctions, expert opinions (appraisal and authentication) and title problems and stolen art. Available for purchase here.
- Art & Law (2008) (ISBN 978-1841138190). The essays in this publication were offered in a course of lectures and seminars at the Catholic University of Louvain by a group of Belgian and Dutch art law experts. These essays offer a perspective on problems old and new confronting those interested in the relationship between art and law. The topics covered extend from preservation of archaeological heritage to droit de suit, artistic freedom, erotic art, art in time of war, the moral rights of artists, and much more. Available for purchase here.
- Senson, Astrid & Peter Mandler, From Plunder to Preservation: Britain and the Heritage of Empire, c.1800-1940 (Oxford Univ. Press, 2013) (ISBN: 978-0197265413). Details from the publisher: “What was the effect of the British Empire on the cultures and civilisations of the peoples over whom it ruled? This book takes a novel approach to this important and controversial subject by considering the impact of empire on the idea of ‘heritage’.” Available for purchase here.
- Stamatoudi, Irini A., Cultural Property Law and Restitution: A Commentary to International Conventions and European Union Law (IHC Series in Heritage Management) (2011) (ISBN: 978-1848446618). “This book offers a refreshing view on cultural property law and the issue of the restitution of cultural property. The author combines an in depth analysis of the relevant international and European instruments with a clear vision of the purpose and goals of this area of law.” Available for purchase here.
- Van Woudenberg, Nout, State Immunity and Cultural Objects on Loan (Mar. 2012) (ISBN: 9789004217041). “Cultural objects have been on the move for a long time. Yet there has been no comprehensive survey to date of the current state of affairs with regard to immunity from seizure of foreign cultural objects belonging to foreign States that are on loan for temporary exhibition. This study fills that gap by examining whether there is any rule of (customary) international law stipulating that such cultural objects are immune from seizure, or whether such a rule is emerging.” Available for purchase here.
- Crawford, Tad & Susan Mellon, The Artist-Gallery Partnership (Revised ed., May 2008) (ISBN: 978-1581156454). This books offers a “clear explanation of the consignment contracts that lie at the heart of the relationship between artists and galleries. Updates include the latest developments in state laws and all of the current statutes in the 32 states that have laws regarding consignment sales. A thorough discussion of the Standard Consignment Agreement, covering agency, consignment, warranties, transportation, insurance, pricing, gallery commissions, promotion, return of art, and more, plus a ready-to-use contract, is included.” Available for purchase here.
- Winkleman, Edward, How to Start and Run a Commercial Art Gallery (July 2009) (ISBN: 978-1581156645). “Winkleman draws on his years of experience to explain step by step how to start your new venture. Chapters detail how to: write a business plan; find start-up capital; find your ideal locale; renovate the space; manage cash flow; promote and grow your new business; attract and retain artists and clients; hire and manage staff; [and] represent your artists.” Available for purchase here.
- Gerlis, Melanie, Art as an Investment? (Feb. 2014) (ISBN: 978-1848221345). “Aimed at collectors and investors, this user-friendly guide explains art’s value as an asset through comparisons with more familiar investments, including property, shares and gold…It offers jargon-free explanations of how the characteristics of blue-chip art can be seen to coincide with and diverge from the fundamental features of more established types of asset.” Available for purchase here.
- Bench, Aleya, Appraising Art: The Definitive Guide (2013) (IBSN978-1555953799). The fully-updated and color-illustrated soft-covered guide covers everything from theory and methodology, to legal and ethical issues, as well as over 50 connoisseurship areas. Available for purchase here.
- Van Laar, Timothy, Artworld Prestige: Arguing Cultural Value 1st Edition (January 2013) (IBSN 978-0199913985) After an initial chapter that develops a theory of prestige and the poignancy of its loss, the book looks at how arguments of prestige function in systems of representation, various media, and art’s relationship to affect. It considers twentieth-century artists who moved not away from, but toward figuration; looks at what is at stake in the recurrent argument about the death of painting; examines the decline and an apparent return of sensual pleasure as a central attribute of visual art; and concludes with a look at the peculiar function of prestige in outsider art. Available for purchase here.
Specific Art Subjects, Restoration, & Forgery
- Allen, Greg (editor), The Deposition of Richard Prince – in the case of Prince v. Cariou, et al (Mar. 6. 2013). “Edited by American artist and blogger Greg Allen, this book contains the published transcript of Richard Prince during the copyright infringement case against him by French photographer Patrick Cariou…In the transcripts, which cover several hours of questions and answers between Prince and the attorneys, he must defend and explain his method of working. This involves an in-depth and candid discussion about his career, life, motivations and so on quite an extraordinary encounter, considering that the artist seldom gives interviews.”
- Beck, James, with Michael Daley, Art Restoration: The Culture, the Business and the Scandal (Norton, 1994) (ISBN: 978-0393036701). A biographical art history, co-authored by James Beck (1930-2007), an art historian who spoke against restoration work that harmed artworks and cultural monuments. In the 1990s, Beck was sued for and successfully defended against a criminal libel charge brought by a restorer. Available for purchase here.
- Bennett, Michael, Praxiteles: The Cleveland Apollo (Cleveland Museum of Art, 2013) (ISBN: 978-1907804380). “The Cleveland Apollo is most likely the only surviving original sculpture by Praxiteles, and the only life-size Greek bronze that can be securely attributed to a Greek sculptor by name. This new focus volume is both a personal account of an acquisition, and a rigorous art-historical re-examination of one of the most significant works to survive from antiquity.” Available for purchase here.
- Charney, Noah, The Art of Forgery (May 2015). The Art of Forgery: Case Studies in Deception explores the stories, dramas and human intrigues surrounding the world’s most famous forgeries – investigating the motivations of the artists and criminals who have faked great works of art, and in doing so conned the public and the art establishment alike.
- Dutton, Denis, Forger’s Art: Forgery and the Philosophy of Art. University of California Press, 1983) (ISBN: 978-0520043411).
Redmond-Cooper, Ruth (Ed.), Heritage Ancestry and Law: Principles, Policies and Practice in Dealing with Human Remains (2015) (ISBN 978-1903987377). This topical collection of essays examines such questions as: the extent to which holding institutions should disclose the presence and identity of human remains in their collections; the implications of the discovery and movement of deceased monarchs and other persons of importance; the impact of the ECHR and national legislation on the holding and treatment of human remains; ecclesiastical attitudes; and the obligations of those involved in construction projects where human remains are discovered. Available for purchase here.
Looted Art History
- Alford, Kenneth D., Hermann Göring and the Nazi Art Collection: The Looting of Europe’s Art Treasures and Their Dispersal After World War II. (McFarland, Apr. 4, 2012) (ISBN: 978-0786468157). “This book explores the formation of the Nazi art collection and the methods used by Goring and his party to strip occupied Europe of a large part of its artistic heritage.” Available for purchase here.
- Bohm-Duchen, Monica, Art and the Second World War (Princeton Univ., 2014) (ISBN: 978-0691145617). “In this well-researched, clear-eyed assessment of art’s relationship to the war that ‘has left the darkest and most indelible mark on modern society,’ Bohm-Duchen (After Auschwitz) presents a sobering overview of the official and nonofficial fine art produced in warring nations: Spain (with the civil war treated as a prologue to WWII), England, Canada, Australia, New Zealand, America, France, Italy, the Soviet Union, Germany, China, and Japan…” Available for purchase here.
Evelien Campfens (Ed.), Fair and Just Solutions? Alternative to litigation in Nazi-looted art disputes: status quo and new developments (2015) (ISBN 978-9462364714). “This book aims to give an overview of the current status quo in the field, both in countries where special committees have been installed and beyond. Through contributions from leading experts and a discussion amongst stakeholders it explores a way to move forward, a makes a case for international cooperation and neutral and transparent procedures for solving ownership issues.” Available for purchase here.
- Chamberlain, Kevin, War and Cultural Heritage (2nd ed., Apr. 2013) (ISBN: 978-1903987315). This revised edition contains an article by article commentary on the 1954 Hague Convention and its Two Protocols. The book also analyses other instruments of international humanitarian law relevant to the protection of cultural property. The book takes into account the latest developments regarding the international efforts to secure restitution of Holocaust-looted cultural property, including the work of the UK’s Spoliation Advisory Panel. Available for purchase here.
- Chamberlin, Russell, Loot! The Heritage of Plunder (Facts on File, 1985) (ISBN: 978-0871962591). This book “examines the looting of major ancient civilizations and of many Third World nations.”
- Edsel, Robert M., The Monuments Men: Allied Heroes, Nazi Thieves and the Greatest Treasure Hunt in History (2010) (ISBN: 978-1599951508). “Focusing on the eleven-month period between D-Day and V-E Day, this fascinating account follows six Monuments Men and their impossible mission to save the world’s great art from the Nazis.” Available for purchase here.
- Edsel, Robert M., Rescuing Da Vinci: Hitler and the Nazis Stole Europe’s Great Art – America and Her Allies Recovered It (2006) (ISBN: 978-0977434909). “Rescuing Da Vinci…is a crime story, writ so large it covers a continent. It gathers together, for the first time, nearly 500 photos documenting the Nazi theft of tens of thousands of artworks from European museums and private collections. And it details the immense, painstaking, though little-recognized, efforts of Allied armies to recover and return these precious items.” Available for purchase here.
- Edsel, Robert M., Saving Italy: The Race to Rescue a Nation’s Treasures from the Nazis (2013) (ISBN: 978-0393082418). “Edsel…clearly presents the war in Italy as a battle not just to occupy the land but also to preserve the country’s culture. In urgent and precise prose, he puts the reader in the cockpit, the foxhole, and the cramped offices of those charged with saving the artwork. Most of the pilfering and destruction of art treasures was done by the Nazis, of course, but Edsel points out that the Allies were not blameless, either. This is a must-read for WWII buffs and anyone interested in the fight for art history.” Available for purchase here.
Hickley, Catherine, The Munich Art Hoard: Hitler’s Dealer and His Secret Legacy (2015) (ISBN 978-0500252154). Available later in the year, this book rushes to deliver the biography of Cornelius Gurlitt. From the editors: “When Cornelius Gurlitts trove became public in November 2013, it caused a worldwide media sensation. Catherine Hickley has delved into archives and conducted dozens of interviews to uncover the story behind the headlines. Her book illuminates a dark period of German history, untangling a web of deceit and silence that has prevented the heirs of Jewish collectors from recovering art stolen from their families more than seven decades ago by the Nazis. Hickley recounts the shady history of the Gurlitt hoard and brings its story right up to date, as 21st-century politicians and lawyers puzzle over the inadequacies of a legal framework that to this day falls short in securing justice for the heirs of those robbed by the Nazis.” Available for purchase here.
- Lindsay, Ivan, History of Loot and Stolen Art – From Antiquity Until the Present Day (Unicorn Press, 2013) (ISBN: 978-1906509217). “From the Ancients, Greeks, Romans, Vikings, Moors and Charlemagne, the author traces how a lust for pride of ownership and power over the vanquished has driven conquerors, confiscators (the old-fashioned word for looters) and ruthless administrators to grab the valuable possessions of others. The different motivation of the greatest looters in history is a theme which is examined throughout the book.” Available for purchase here.
- O’Connor, Anne-Marie, The Lady in Gold: The Extraordinary Tale of Gustav Klimt’s Masterpiece, Portrait of Adele Bloch-Bauer (Feb. 2012) (ISBN: 978-0307265647). Described as a “riveting social history; an illuminating and haunting look at turn-of-the-century Vienna; a brilliant portrait of the evolution of a painter; a masterfully told tale of suspense. And at the heart of it, the Lady in Gold–the shimmering painting, and its equally irresistible subject, the fate of each forever intertwined.” Available for purchase here.
- Nicholas, Lynn H., The Rape of Europa: The Fate of Europe’s Treasures in the Third Reich and the Second World War (Vintage Books, 1994) (ISBN: 978-0679756866). “From the Nazi purges of “Degenerate Art” and Goering’s shopping sprees in occupied Paris to the perilous journey of the Mona Lisa from Paris and the painstaking reclamation of the priceless treasures of liberated Italy, The Rape of Europa is a sweeping narrative of greed, philistinism, and heroism that combines superlative scholarship with a compelling drama.”
- Semyonova, Natalya, Nicolas V. Iljine (editor), Selling Russia’s Treasures: The Soviet Trade in Nationalized Art: 1917 – 1938 (Abbeville Press, 2013) (ISBN: 978-0789211545). “This abundantly illustrated oversize volume presents the definitive account of the sale of Russia’s cultural patrimony by the Soviet government in the interwar years.” Available for purchase here.
- Sinclair, Anne, My Grandfather’s Gallery: A Family Memoir (Sept. 2014) (ISBN: 978-0374251628). Sinclair, granddaughter of the great Paris art dealer Paul Rosenberg, “paints a vivid portrait of a moment of exceptional brilliance in French artistic life…the speed and greed with which it was so brutally destroyed, and the efficiency with which these deeds of destruction were covered up and forgotten.” Available for purchase here.
- Kunst und Recht: Journal fur Kunstrecht, Urheberrecht und Kulturpolitik (Germany) Started in 2006, this bimonthly German journal deals with the subjects of art and law, copyright and cultural policy. It is published by Dr. Ulf Bishop, attorney at Bishop & Paetow.
- Art Antiquity and Law (UK) A Quarterly, which starting in 1996, was designed for all who value the cultural and historical environment. “The principal aim of the Quarterly is to inform. It exists to tell those who work in art and antiquity about the law governing their activities and the policies behind the law. It is founded on the belief, never more confident than today, that cultural life cannot in a legal vacuum. In our conviction, all responsible members of the art and history community should be aware of the role which law plays in shaping cultural policy. To understand law, however demanding the task, is to meet its challenges more effectively.”
- International Journal of Culture Property (USA) Published for the International Cultural Property Society, this peer-reviewed journal “provides a vital, international, and multidisciplinary forum for the broad spectrum of views surrounding cultural property, cultural heritage, and related issues. Its mission is to develop new ways of dealing with cultural property debates, to be a venue for the proposal or enumeration of pragmatic policy suggestions, and to be accessible to a wide audience of professionals, academics, and lay readers.”
- Fondation pour le droit de l’art Newsletters (Switzerland) Founded in 1991, The Art-Law Foundation produces a biannual newsletter (in French) which pursues teaching and research activities in the field of art and cultural property law.
3. Other Articles & Publications
- Day, Gregory, Explaining the Art Market’s Thefts, Frauds, and Forgeries (And Why the Art Market Does Not Seem to Care). Vanderbilt J. of Ent’ment and Tech. L., Vol. 16, No. 4, 2014, Forthcoming. Available for download here.
- Koo, Melissa (YoungJae), Repatriation of Korean Cultural Property Looted by Japan — Can Sincere Apology Resolve the Centuries-Old Korea/Japan Disputes? Cardozo Journal of Conflict Resolution, Vol. 16, No. 2, 2015. Available for download here.
- The Committee for Cultural Policy’s White Paper, A Proposal to Reform U.S. Law and Policy Relating to the International Exchange of Cultural Property, is the first strategic review to address cultural policy issues from a museum and collector perspective. The White Paper examines the conflict between U.S. laws, analyzes the legislative history and reviews recent cases highlighting the risks museums and collectors currently face.
- Parker, Patrick, Treasures of the Fourth Reich: A Novel of Suspense (Mar. 2014) (ISBN: 978-1495466618). “In 1993 Maria Connor, an art expert from Panama and her husband, retired Lieutenant Colonel Dix Connor, are quietly pursuing their careers in Italy when Maria becomes fascinated with the tales of lost Nazi plunder.” Available for purchase here.
- Silva, Daniel, The Heist: A Novel (July 2014) (ISBN: 978-0062320056). “Gabriel Allon, art restorer and occasional spy, searches for a stolen masterpiece by Caravaggio in #1 New York Times bestselling author Daniel Silva’s latest action-packed tale of high stakes international intrigue.” Available for purchase here.