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Articles 1 - 11 of 11
Full-Text Articles in Law
Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles
Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles
Jeffrey John Miles
This paper evaluates the interordinal web of international cultural property law as applied in the United States. The work explores problematic areas where law fails to adequately protect against illicit trade in cultural property from art to artifacts. The complexity in this area stems from the often opaque movements of cultural property and the overlapping legal regimes of foreign nation states and domestic federal and state laws. After evaluating the structure of these laws as applied in the United States, I propose solutions to improve coverage where lacunas exist.
The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk
The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk
Fordham Intellectual Property, Media and Entertainment Law Journal
Thanks to the new generation of billionaire art collectors, and the recent boom in the art market, a growing number of high-net-worth patrons are creating their own tax-exempt private art museums. These “jewel-box” museums provide invaluable public benefits, lead to growth and innovation in the private museum sector, and encourage donors to pursue more avant-gardes collecting strategies. This advantageous tax-saving strategy appeals to wealthy individuals, who wish to maintain control over their art collection, and still receive generous charitable income tax deductions. However, several private museums have recently come under fire due to private benefit concerns. To qualify for federal …
Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Equitable Resale Royalties, Brian L. Frye
Equitable Resale Royalties, Brian L. Frye
Law Faculty Scholarly Articles
A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held …
Not Their Art!, Cardozo Art Law Society, Cardozo Law Fashion, Arts, Media And Entertainment (Fame) Center, The Appraisers Association Of America
Not Their Art!, Cardozo Art Law Society, Cardozo Law Fashion, Arts, Media And Entertainment (Fame) Center, The Appraisers Association Of America
Flyers 2016-2017
No abstract provided.
Stretching Out: Species Extinction And Planetary Aesthetics In Contemporary Art, Su Ballard
Stretching Out: Species Extinction And Planetary Aesthetics In Contemporary Art, Su Ballard
Faculty of Law, Humanities and the Arts - Papers (Archive)
There is madness in species extinction. The horn has been removed from the last male northern white rhino on earth and he has two armed guards 24 hours a day. The huia in New Zealand were killed off by the desire for white-tipped tail feathers in Victorian hats. We fear the extinction of rhinos, we mourn the extinction of the huia, yet we might need reminding to also show concern for the extinction of the dung beetle. This paper looks at the ways that artists are engaging with these difficult events. By placing Gayatri Spivak's call for a planetarity of …
Old Sites, New Visions: Art And Archaeology Collide In Cyrus, Christopher J. Barker, Diana Wood Conroy
Old Sites, New Visions: Art And Archaeology Collide In Cyrus, Christopher J. Barker, Diana Wood Conroy
Faculty of Law, Humanities and the Arts - Papers (Archive)
Over the past two decades Australian archaeologists have been slowly uncovering the World Heritagelisted ancient theatre site at Paphos in Cyprus. The Hellenistic-Roman period theatre was used for performance for over six centuries from around 300 BC to the late fourth century AD. There is also considerable evidence of activity on the site after the theatre was destroyed, particularly during the Crusader era.
Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner
Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner
Faculty Publications
September 16, 2016, Case Western Reserve University School of Law’s Frederick K. Cox International Law Center, in conjunction with the celebration of the Cleveland Museum of Art’s centennial anniversary, convened a day-long conference with leading scholars and practitioners from around the world to explore topics at the intersection of art and international law.
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster
Articles in Law Reviews & Other Academic Journals
For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The “blood antiquities” excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive.
A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …
War And Passion: Who Keeps The Art?, Margaret M. Miles
War And Passion: Who Keeps The Art?, Margaret M. Miles
Case Western Reserve Journal of International Law
Here, I would like to recall how and where ideas about repatriation, restitution, and proper ownership of art got started, a subject I have explored in detail elsewhere.
Reflections On Motion Picture Evidence, Brian L. Frye
Reflections On Motion Picture Evidence, Brian L. Frye
Law Faculty Scholarly Articles
Courts have long admitted motion pictures as evidence. But until recently, making motion pictures was expensive and cumbersome. Today, making motion pictures is cheap and easy. And as a result, people make so many of them. As Cocteau predicted, the democratization of motion pictures has enabled people to create new forms of motion picture art. But it has also enabled people to create new forms of motion picture evidence. This article offers a brief history of motion picture evidence in the United States, and reflects on the use of motion picture evidence by the Supreme Court.