Guide · Intellectual Property
Art Law: A Comprehensive Guide to Sales, Authenticity, Moral Rights, and Cultural Property
28 U.S.C. §§ 1602
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-04-04
- Topic
- Intellectual Property
A complete practitioner's treatment of art and cultural property law for collectors, galleries, auction houses, museums, artists, and their counsel. Parts I through III cover title: the void title rule that distinguishes art from most commercial markets, the entrustment exception that catches consignors, the divergence between common law and civil law good faith purchase, and the limitations and laches rules that decide most disputes. Part IV covers Nazi-era restitution including the HEAR Act, the Washington Principles, and sovereign immunity after Altmann, Philipp, and Cassirer. Parts V and VI cover the criminal and regulatory overlay: the National Stolen Property Act and the McClain doctrine, CPIA import restrictions, NAGPRA and the 2024 regulations, and anti-money-laundering obligations. Parts VII and VIII cover sales practice, authenticity warranties and disclaimers, auction conditions of sale, and the collapse of authentication boards. Parts IX and X cover copyright, VARA moral rights, and the appropriation art fair use question after Warhol. Parts XI through XIV cover consignment and Article 9, art-secured lending, tax and estate planning, insurance, and museum practice. Part XV is the verification list.
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