CiNii Books - Law, ethics, and the visual arts

Although the 1990s witnessed more than a few episodes of shocking cultural destruction, this text notes a great surge in worldwide consciousness of the unique, irreplaceable character of art, and a significant rollback of the cultural prejudices that have been ebbing away since the 1954 Hague Convention declared all art works, whatever their origin, to be "the cultural heritage of mankind." Whether you need to understand a concept such as who owns the past, or something as mundane as whether a museum can sell part of its collection in order to fix the roof, this book aims to set you on the right course. It combines scholarship with a humanistic approach, recognising that law and art each (in the words of Paul Freund) "impose a measure of order on the disorder of experience without stifling the underlying diversity, spontaneity, and disarray."

Table of Contents

1.Plunder, Reparations and Destruction. Plunder and Reparations. Cultural Reparations. The Destruction of Works of Art. 2. The International Trade In Art. The Unfree Trade in Cultural Property. International Trade Liberalization. Individual Rights and Fundamental Freedoms. Trade in Stolen and Illegally Exported Art. 3. Who Owns the Past? Antiquities Policies and Realities: Contrasting Views. Ethics and Antiquities. The Law: Illegal Export of Antiquities. The Law: Nationalized Cultural Property. The Effect of International Legislation. Repatriation of Cultural Property. The Protection of Traditional or Indigenous Knowledge. 4. The Artist's Rights in the Work of Art. The Moral Right. Copyright. The Resale Right. 5. Artistic Freedom. Some Historical Examples. "Censorship" of Art. The Artist and the State I: The State as Censor. The Artist and the State II: The State as Consumer. The Artist and the State III: The State as Benefactor. 6. The Artist's Life. The Myth of the Lonely Artist. Defining the Artist. Living and Working as an Artist. Art as a Matter of Life and Death: Toxic Hazards. The Artist and the Lawyer. The Artist and the Dealer. The Artist and the Museum. Commissioned Works of Art. Taxes. 7. The Collector. The Acquisition of Art, The Art Market. The Collector and the Artist. Dealing with Auctioneers. Consumer Protection and the Fine Arts. Theft and Artnapping. Taxes, Gifts to Charity, and Appraisers. The Collectors Divorce. The Collector Dies. The New Medici. Tax Deductions vs. Tax Credits. 8. Museums. What Is a Museum? The Legal Character and Obligations of Museums. Minding the Museum Store. Museums as Real Estate Developers. Trustees, Director and Staff. Selected Codes of Ethics. Deaccessioning. Final Considerations. Authors' Final Note. Documentary Appendix.

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Law, ethics, and the visual arts

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