Art Law Research Guide
Introduction
What is art law?
Art law is multidisciplinary and encompasses numerous areas of law. A useful definition is found in Robert C. Lind, Robert M. Jarvis & Marilyn E. Phelan, Art and Museum Law (2002) (KF4288.A7 L56):
Art law, simply put, is the body of law, involving numerous disciplines, that protects, regulates and facilitates the creation, use and marketing of art. Art law is not a separate jurisprudence or unified legal doctrine that applies to all of the issues confronting those in the art world. Those involved in the practice of art law look to a variety of disciplines, such as intellectual property, contract, constitutional, tort, tax, commercial and international law to protect the interests of their clients. Some of these legal principles are national in scope, while others vary according to the development of state law. Increasingly, the creation, sale, collection and display of art receive specialized legal treatment by statute, ordinance, regulation, treaty or case law.
Although "art" in the broad sense of the term includes "the arts" (music, film, theater, literature, et cetera), art law as traditionally defined concerns only works of fine art and/or the visual arts. Additionally, art law is closely related to, and often overlaps with, the area known as cultural property law.
For more information on the development of art law as an area of study and practice, see Stephen E. Weil, Introduction: Some Thoughts on "Art Law," 85 Dick. L. Rev. 555 (1981).
Scope
This guide provides an introduction to notable resources for conducting art law research available at Georgetown. Given the breadth and interdisciplinary nature of the field, this guide is selective and focuses on general sources on art law rather than sources on specific subjects, such as copyright or the First Amendment. For more information on those sources, see our Treatise Finder and many other research guides on those specific subjects. This guide focuses primarily on U.S. law and sources, but it also necessarily includes some foreign and international law since art law is international in scope.
Members of the Georgetown University Community may seek additional assistance at the reference desk or online.
Getting Started
The following sources provide good introductions to, and overviews of, art law:
- Jessica L. Darraby, Art, Artifact, Architecture and Museum Law (2003) (KF4288 .D37)
The most current version is available electronically on Westlaw (ARTARCHLAW)
This treatise is updated annually to include recent developments in this area of law. The topics covered are trade practices (business aspects of art), valuation and appraisal, the Uniform Commercial Code, auctions, international trade, copyright, trademark and unfair competition, artists' rights, exhibition and display, art fraud, creation of "multiples," archaeology and artifacts, historic preservation and conservation, and rights of privacy and publicity. Appendices include a number of fifty state surveys and bibliographies.
- Ralph E. Lerner & Judith Bresler, Art Law: The Guide for Collectors, Investors, Dealers, and Artists (3d ed. 2005) (KF390.A7 L47)
Also available electronically through LexisNexis (Art Law) and Westlaw
(PLIREF-ART)
Three-volume practical treatise provides information on law and the business of art. It contains sections on artist-dealer relations, artwork transactions, artists' rights, collectors' interests, taxes and estate planning, and museums and multimedia. Includes sample forms and agreements and bibliographies.
- Leonard D. DuBoff & Christy O. King, Art Law in a Nutshell (4th ed. 2006) (KF4288.Z9 D8)
Straightforward and concise, this book provides basic information on the major topics in art law but does not contain sample forms or agreements.
Topics covered include customs, art and war, business considerations, authentication, tax, intellectual property, freedom of expression, and moral rights.
Primary Law Sources
Case Law
For information on researching U.S. case law generally, see Georgetown Law Library's Case Law Research Guide or the Case Law Research Tutorial. Additional sources for finding court opinions dealing with art law include the following:
- Casebooks
Casebooks can be a useful tool as they will often include noteworthy and important cases in a particular area as well as helpful discussion. KeyCite or Shepardize the opinions in order to update the information and find additional relevant cases.
- Patty Gerstenblith, Art, Cultural Heritage, and the Law: Cases and Materials (2004) (KF4288.A7 G47)
Materials on artists' rights, museums and dealers, and cultural heritage.
- Leonard D. DuBoff, Sherri Burr & Michael D. Murray, Art Law: Cases and Materials (2004) (KF4288.A7 .D83)
Discusses preservation of art, intellectual property, business relationships, auctions, museums, and censorship.
- Robert C. Lind, Robert M. Jarvis & Marilyn E. Phelan, Art and Museum Law (2002) (KF4288.A7 L56)
Significant material on museums, including tax, fundraising, marketing, acquisitions, collection management, and labor relations, in addition to standard art law materials.
- International Foundation for Art Research - Case Law and Statutes
This site includes summaries of U.S. and international case law and settlements as well as images of the work involved in the dispute. The material is
organized by topic, such as art theft, valuation, copyright, art fraud, and more. Registration required.
- Resolved Stolen Art Claims (Herrick, Feinstein LLP)
A chart of "claims for art stolen during the Nazi era and World War II." This chart is organized alphabetically by country and includes information on the claimant, the work involved, and the resolution (e.g., settled, mediated, litigated).
- Geneva Art-Law Centre
The Geneva Art-Law Centre is currently developing a database of art-law disputes resolved through use the alternative dispute resolution (ADR).
For more information on the project and its status, visit ADR and Art-Law.
For information on how to locate foreign case law, see our Foreign and Comparative Law Research Guide.
Statutes
For information on researching U.S. statutory law generally, see Georgetown Law Library's Statutes Research Guide or the
Statutory Research Tutorial. Additional sources for finding statutes dealing with art law include the following:
- Federal Statutes
Select list of U.S. statutes:
- 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 works of art.
For more information on these statutes and other relevant statutes, see Marilyn Phelan, A Synopsis of the Laws Protecting Our Cultural Heritage, 28 New Eng. L. Rev. 63 (1993) as well as any of the treatises below.
- State Statutes (50 State Surveys)
- Subject Compilations of State Laws (KF1 .F67)
Also available electronically on HeinOnline
Organized by subject, this is an annual list of sources, including journal articles, books, reports,
and databases, that include state law surveys. Relevant subjects include archaeology, art law, art prints, auctions and auctioneers, fine art prints, historic preservation, moral rights of artists, and shipwrecks.
- Jessica L. Darraby, Art, Artifact, Architecture and Museum Law (2003) (KF4288 .D37)
The most current version (2009) is available electronically on Westlaw (ARTARCHLAW)
In addition to reprinting the text of various select state and federal statutes, the appendices to Art, Artifact, Architecture and Museum Law contain a number of fifty state surveys: Statutory Art Definitions, Artist Statutory Definitions, Art Consignment and Art Merchants, Creditor's Exemption for Artworks, Auctioneering, Artists' Rights, and Multiples (Prints and Sculptures).
- UNESCO Database of National Cultural Heritage Laws
The United Nations Educational, Scientific, and Cultural Organization works to protect arts and culture. This database contains the national laws currently in force of Member States on natural and cultural heritage (e.g., monuments, paintings, shipwrecks, natural sites). English translations available for many, but not all laws.
- International Foundation for Art Research
- Case Law and Statutes
This section includes relevant U.S. federal and state statutes organized by topic, such as art theft, valuation, copyright, art fraud, and more.
- International Cultural Property/Ownership & Export Legislation (ICPOEL)
This section
contains laws on export and ownership of cultural property from 75 countries (in original language and translated).
For more information on how to locate foreign statutory law, see our Foreign and Comparative Law Research Guide.
Regulations
For information on researching U.S. regulations generally, see Georgetown Law Library's Administrative Law Research Guide or the Administrative Law Tutorial.
- Select List of Federal Regulations
- 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.
For information on federal agencies involved in this area of law, see Government Entities below.
Treaties
For information on treaty research generally, including how to locate the text of the agreements below, see Georgetown Law Library's Treaty Research Guide or Treaty Research Tutorial. Additional sources for finding treaties and agreements dealing with art law include the following:
- Select List of Treaties
- Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague Convention), May 14, 1954, 249 U.N.T.S. 240.
This convention was adopted at The Hague after World War II resulted in the mass destruction of cultural property and heritage. Over 100 countries are party to the convention, which prescribes measure to be taken to avoid the destruction of works of art and other types of cultural heritage during war and peace. The United States became a party to this convention on March 13, 2009.
- Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, Nov. 14, 1970, 823 U.N.T.S. 231.
This UNESCO convention concerns, among other things, "property of artistic interest." In addition to establishing mechanisms to prevent the illicit import and export of
cultural property, members of this convention agree to develop and establish institutions to preserve cultural property, provide an education on the need to respect cultural heritage of all countries, and make sure that disappearing property is publicized. The convention entered into force in the United States on December 2, 1983.
- Convention Concerning the Protection of the World Cultural and Natural Heritage, Nov. 23, 1972, 27 U.S.T. 37, 1037 U.N.T.S. 151.
The most well-known outcome of this UNESCO convention is the creation of the World Heritage List, places of "outstanding value to humanity" that are protected under this convention. The convention entered into force in the United States on December 17, 1975.
- Convention on Stolen or Illegally Exported Cultural Objects, June 24, 1995, 2421 U.N.T.S. __, 34 I.L.M. 1322.
This UNIDROIT (International Institute for the Unification of Private Law) convention provides for the return of stolen or illegally exported cultural objects if the removal of the object "significantly impairs" certain interests of the country from which it originated or if the object is "of significant cultural importance." The United States is not a party to this convention.
- Convention on the Protection of Underwater Cultural Heritage, Feb. 11, 2001, 41 I.L.M. 40.
This UNESCO convention "sets out basic principles for the protection of underwater cultural heritage; provides a detailed State cooperation system; and provides widely recognized practical Rules for the treatment and research of underwater cultural heritage." The United States is not a party to this convention.
- Convention for the Safeguarding of Intangible Cultural Heritage, Oct. 17, 2003, 2368 U.N.T.S. 3.
This UNESCO convention protects intangible cultural heritage, which is defined in Article 2 as "
the practices, representations, expressions, knowledge, skills--as well as the instruments, objects, artefacts and cultural spaces associated therewith--that communities, groups and, in some cases, individuals recognize as part of their cultural heritage." The United States is not a party to this convention.
- Convention on the Protection and Promotion of Diverse Cultural Expressions, Oct. 20, 2005, 45 I.L.M. 269.
This UNESCO convention seeks to "reaffirm the sovereign right of States to draw up cultural policies; recognize the specific nature of cultural goods and services as vehicles of identity, values and meaning; [and] strengthen international cooperation and solidary to favour the cultural expressions of all countries." The United States is not a party to this convention.
- Other Sources of Art and Cultural Property Law Treaties and Agreements
In addition to the general resources for locating treaties and agreements (see guide and tutorial listed above), the following sources are useful for obtaining the text of treaties and agreements in this area of law.
- UNESCO Legal Instruments (Culture)
Text of UNESCO conventions, recommendations, and declarations regarding cultural property
- International Cultural Property/Ownership & Export Legislation (ICPOEL)
This site
contains laws on export and ownership of cultural property from 75 countries (in original language and translated). For each country, it also includes links to some bilateral agreements and certain international conventions and states whether the country is a party to the convention and when the convention entered into force in that country.
- U.S. Department of State, Cultural Heritage Center (International Cultural Property Protection)
The Cultural Heritage Center administers the responsibilities of the United States under the 1970 UNESCO Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This site contains bilateral agreements between the United States and other countries establishing import restrictions (see "Information Pages" or "Import Restrictions List & Chart").
Secondary Sources
Treatises
- Jessica L. Darraby, Art, Artifact, Architecture and Museum Law (2003) (KF4288 .D37)
The most current version is available electronically on Westlaw (ARTARCHLAW)
This treatise is updated annually to include recent developments in this area of law. The topics covered are trade practices (business aspects of art), valuation and appraisal, the Uniform Commercial Code, auctions, international trade, copyright, trademark and unfair competition, artists' rights, exhibition and display, art fraud, creation of "multiples," archaeology and artifacts, historic preservation and conservation, and rights of privacy and publicity. Appendices include a number of fifty state surveys and bibliographies.
- Leonard D. DuBoff & Christy O. King, Art Law in a Nutshell (4th ed. 2006) (KF4288.Z9 D8)
Straightforward and concise, this book provides basic information on the major topics in art law but does not contain sample forms or agreements.
Topics covered include customs, art and war, business considerations, authentication, tax, intellectual property, freedom of expression, and moral rights.
- Art Law Handbook (Roy S. Kaufman ed., 2000 & Supp. 2004) (KF4288 .A948)
Concise treatment of the primary topics in art law--intellectual property and artists' rights, the business of art, and taxes and estate planning. It also includes useful discussion of e-commerce and new media. The handbook contains many sample forms and agreements, such as model release forms, purchasing agreements, and export declarations, and reprints important statutes, regulations, and other government documents. The sample forms and agreements are also available electronically on a CD-ROM that comes with the book.
- Leonard D. DuBoff & Sally Holt Caplan, The Deskbook of Art Law (2d ed. 1993) (KF4288 .D82) (last updated 2000)
Two-volume treatise consisting of "booklets" on art law topics. All of the relevant topics are included, such as defining art, international trade, theft, preservation, freedom of artistic expression, authentication, insurance, auctions, taxes, intellectual property, and museum issues.
- Ralph E. Lerner & Judith Bresler, Art Law: The Guide for Collectors, Investors, Dealers, and Artists (3d ed. 2005) (KF390.A7 L47)
Also available electronically through LexisNexis (Art Law) and Westlaw
(PLIREF-ART)
Three-volume practical treatise provides information on law and the business of art. It contains sections on artist-dealer relations, artwork transactions, artists' rights, collectors' interests, taxes and estate planning, and museums and multimedia. Includes sample forms and agreements and bibliographies.
- Lindey on Entertainment, Publishing, and the Arts (3d ed. 2004) (KF2991.5 .L73)
Also available electronically on Westlaw (LINDEY3D)
Multivolume treatise that covers a wide variety of topics in the field of entertainment, publishing, and the arts and is organized topically by industry. In addition to relevant chapters on intellectual property, freedom of expression, and tax, see the chapter on "Art Work."
- John Henry Merryman, Albert E. Elsen & Stephen K. Urice, Law, Ethics, and the Visual Arts (5th ed. 2007) (KF4288.A7 M47)
Excerpts court opinions, statutes, treaties, articles, books, and policies and codes of ethics followed by comments and notes providing additional information or commentary on the legal and ethical issues involved. Subjects covered include plunder, reparations, international trade, antiquities, artists' rights, and artistic freedom.
Academic Journals & Journal Databases
Scholarly articles on art law and related topics can be found in many law reviews and journals. In addition, there are numerous legal journals devoted exclusively to art and entertainment law and relevant articles may also be found in arts and humanities journals. Below is a select list of legal journals focusing on art law and related topics and full text databases and indexes that can used to search for articles on art law topics.
Select List of Legal Journals
- Art, Antiquity, and Law (K1 .R783) (1996 - )
- Cardozo Arts & Entertainment Law Journal (available in print (K3 .A592)
and electronically from 1982 - )
- Columbia Journal of Law & the Arts (available in print (K3 .O381) (1978 - ) and electronically (1974 - ))
Formerly titled Art & the Law: A Publication of Volunteer Lawyers for the Arts (K1 .R78) and Columbia-VLA Journal of Law & the Arts (K3 .O485)
- DePaul Journal of Art, Technology & Intellectual Property Law (available in print (K10 .O196) and electronically from 1991 - )
Formerly titled DePaul Journal of Art & Entertainment Law (1991-2007)
- Hastings Communications and Entertainment Law Journal (available in print (K8 .A868) and electronically from 1977 - )
Formerly titled Comm/Ent: A Journal of Communications and Entertainment Law (1977-1990)
- International Journal of Cultural Property (available in print (K9 .N7841) and electronically from 1992 - )
- Journal of Arts Management, Law, and Society (available in print (K10 .O1971) (1970-2009) and electronically (1992 - ))
Formerly titled Performing Arts Review (1970-1982) and the Journal of Arts Management and Law (1983-1992)
- Law, Culture, and the Humanities (available in print (K12 .A9193) and electronically from 2005 - )
- Law and Humanities (available in print (K12 .A9128) and electronically from 2007 - )
- Yale Journal of Law & the Humanities (available in print (K29 .A296) and electronically from 1988 - )
Law Journal Databases
- Westlaw and LexisNexis each include the full text for approximately 500 law reviews and journals. Coverage varies by journal, but in general they include articles starting from the late 1980s/early 1990s:
- HeinOnline includes approximately 500 law reviews and journals from the inception date of the publication to present (about a year behind)
- LegalTrac (formerly known as the Legal Resource Index) Tutorial
Index of approximately 1,300 journals; coverage begins in 1980. Also available through
- Legal Periodicals and BooksTutorial
Index of approximately 1,000 journals (with some full text); coverage begins in August 1981. Also available through
- Legal Periodicals and Books Retrospective Tutorial
Index of approximately 750 journals; coverage from 1928 to 1980
- Index to Foreign Legal Periodicals
Index of approximately 470 legal journals published throughout the world. This database covers 1985 to present. To find older articles, use the Index to Foreign Legal Periodicals in print (KF8 .I35).
Arts & Humanities Journal Databases
- Art Full Text
Indexes over 500 journals published worldwide from 1984 and contains full text articles from approximately 200 journals from as early as 1997 (coverage varies by title). To search Art Full Text, follow the link above and then check "Omnifile Full Text Mega" and "Art" under "Subject Area". Note: Art Full Text and Art Index Retrospective can be searched simultaneously.
- Art Index Retrospective
Indexes over 600 journals published worldwide with coverage from 1929-1984. To search Art Index Retrospective, follow the link above and then check "Art Index Retrospective." Note: Art Full Text and Art Index Retrospective can be searched simultaneously.
- Arts & Humanities Citation Index
Indexes approximately 1400 journals with coverage from 1975. This index includes a citator function, providing access to an article's cited references and articles that cite a particular article.
- Avery Index to Architectural Periodicals
Indexes articles on architecture and design from over 700 journals published worldwide with coverage from 1934 (selective coverage from 1741)
- Artbibliographies Modern
Indexes and provides abstracts for journal articles, books, essays, exhibition catalogs, PhD dissertations, and exhibition reviews on modern and contemporary art. Full coverage from 1974 with entries as early as the late 1960s.
- AATA Online
Contains abstracts of international conservation literature, including journals, books, and conference proceedings. There are over 100,000 abstracts from 1932 to present.
- Bibliography of the History of Art (BHA)
BHA is a group of databases, including articles from over 1200 journals, and "is the world's most comprehensive bibliography of scholarly writing about the history of western art".
- Humanities Full Text
Indexes over 600 journals from as early as 1984 and contains full text articles from approximately 250 journals from as early as 1995 (coverage varies by title). To search Humanities Full Text, follow the link above and then check "Humanities Full Text." Note: Humanities Full Text and Humanities and Social Sciences Index Retrospective can be searched simultaneously.
- Humanities and Social Sciences Index Retrospective
Indexes approximately 1200 journals published in North America and Europe from 1907 to 1984. To search this index, follow the link about then check "Humanities & Social Sci Retro." Note: Humanities Full Text and Humanities and Social Sciences Index Retrospective can be searched simultaneously.
- JSTOR
Includes full text from over 100 art and art history journals. Coverage is generally from the inception date of the publication to a few years ago.
If the full text of the article is not available in a particular index/database, click on the link "Full Text @ GU Law" to find an electronic version of the article, if available, or "GULLiver @ GU Law" to search the catalog for the library's print holdings. If the article is not available electronically or in print, you can submit an Interlibrary Loan Request. For information on other journal databases and how to find journal articles generally, see our Using Articles for Legal & Non-Legal Research and Locating Journal Articles: Foreign and International guides.
Bibliographies
- Jessica L. Darby, Art, Artifact, Architecture and Museum Law (2009)
The appendices to this treatise contain two bibliographies--Art Law: A Selected Bibliography and Artists' Reference: A Selected Bibliography. The first contains citations to periodicals, articles, and government documents related to art law and the second contains biographical information and a bibliography of sources on the artists mentioned in the text.
- Wendy Waldron Brandow, Law and Fine Art: A Selected Bibliography (1984) (K3770.A12 B72)
Contains over 700 entries (mostly unannotated) and includes articles, books, and other publications "reasonably available in the United States and published prior to January 1984." Entries are organized topically in seven categories: general reference sources on art and the law, the artist, the art collector, the museum, traffic in art, art fraud and forgery, and funding for the arts. Most publications are written in English, with some French.
- Wilfried Fiedler & Stefan Turner, Bibliography on the Law of the International Protection of Cultural Property (2003) (K3791.A12 F54)
Written in German and English, this bibliography includes publications on the international protection of tangible cultural heritage. Works on intangible cultural heritage and issues like intellectual property are omitted as well as works on private law regarding cultural property. The bibliography includes works published prior to 2000 (with some later works) written in German, English, French, Italian, and some Dutch, Spanish, and Portuguese.
News & Current Awareness
- Entertainment Law Reporter
A monthly newsletter covering legal developments in entertainment and the arts. Publication of the Entertainment Law Reporter is currently suspended temporarily. The Entertainment Law Reporter is available
- ALI-ABA Course of Study Materials
Coursebooks containing materials from CLE courses offered by ALI-ABA (American Law Institute-American Bar Association). Courses related to art law include Legal Issues in Museum Administration and Entertainment, Arts, and Sports Law.
- Westlaw: ALI-ABA (selected coverage from 1988)
- LexisNexis:
- Yearbook of Cultural Property Law (KF4310.A152 Y43)
An annual publication that describes notable, recent legal developments, such as court decisions, settlements, and legislation, related to cultural property law.
- The Art Law Blog
Written by an attorney specializing in art and entertainment law, The Art Law Blog covers news on court cases and legal disputes involving art.
- The Art Newspaper
Website of the monthly publication The Art Newspaper (not available in print at Georgetown), which often publishes articles on court cases and legal disputes.
- ArtsJournal
A daily digest of arts news from over 100 publications.
- Art & Advocacy
A newsletter on art law published by the firm Herrick, Feinstein LLP. To find art law news on other law firm websites, try searching Fee Fie Foe Firm.
- Westlaw: ARTNEWS
This database contains "[n]ews and information about art, entertainment, and sports from newspapers, magazines, journals, newsletters, transcripts, and wires." Dates of coverage vary by publication.
- LexisNexis: Arts and Entertainment Stories
This database includes articles on arts and entertainment from a number of news sources. Includes news from the last two weeks only.
Art Dictionaries, Encyclopedias, and Other Reference Sources
When conducting art law research, you may encounter unknown art-related terms and concepts, particularly if you do not have an arts background. Numerous art dictionaries, encyclopedias, and similar sources are available that explain and define these terms and concepts and also often contain images of artworks.
The following sources are available online:
- Oxford Art Online
This database includes Grove Art Online, which contains the comprehensive Dictionary of Art, over 5,000 searchable images, links to biographical information from the Oxford Dictionary of National Biography and other sources, and useful tools such as timelines and thematic guides. Oxford Art Online also includes the full text of The Oxford Companion to Western Art, the Encyclopedia of Aesthetics, and The Concise Oxford Dictionary of Art Terms.
- Oxford Reference Online Premium
In addition to The Oxford Companion to Western Art and The Concise Oxford Dictionary of Art Terms, this database includes The Oxford Dictionary of American Art and Artists, The Oxford Dictionary of Art and Artists, The Oxford Dictionary of Art, A Dictionary of Modern and Contemporary Art, The Oxford Companion to the Photograph, and The Oxford Companion to Western Art.
- ArtLex (free online)
A free online dictionary of art and visual culture. ArtLex defies over 3,600 terms and includes images, pronunciation notes, and quotations.
- Artcyclopedia (free online)
This site provides a central location for locating art information free online. Search by artist or artwork to find information on museums that own particular works, image archives, artist websites, and articles and books. Artcyclopedia also contains links to art news and enables users to browse artists by medium, subject, nationality, and movement.
- Getty Vocabularies (free online)
The Getty Vocabularies are a set of four structured vocabulary databases: The Art & Architecture Thesaurus, The Union List of Artist Names, The Getty Thesaurus of Geographic Names, and The Cultural Objects Name Authority. The databases are especially useful for generating keywords and search terms and understanding relationships.
- Dictionary of Art Historians (free online)
A database of prominent art historians that contains basic biographical and bibliographical information. Search by keyword or browse by author last name. Use this database, for example, to identify historians who wrote on a particular artist or movement and then search for books and articles that they have written.
Many more resources are available in print at the Lauinger Library on main campus. To identify art encyclopedias and dictionaries, start by searching George (main campus library catalog) by subject for "art dictionaries" or "art encyclopedias" or see Lauinger's Subject Guide for Art & Art History.
Other Resources
Government Entities
- U.S. Copyright Office
The Copyright Office's website includes circulars on copyright and works of visual arts and access to copyright registrations from 1978 to present.
- National Endowment for the Arts (NEA)
The NEA is an independent agency that provides grants for the arts and undertakes initiatives to promote the arts. The website provides access to NEA research publications.
- National Assembly of State Arts Agencies (NASAA)
The NASAA advocates for state arts agencies. The website includes directory of state arts agencies and access to the newsletter (NASAA Notes, March 2006 - ), which includes information on relevant legal developments.
- Smithsonian Institution
The research institute runs nineteen museums and nine research centers and makes a number of useful research resources available on its website.
- National Archives and Records Administration (NARA)
NARA holds approximately eight million photographs and graphic images, a small portion of which are available online, and holds many records relating to the looting and restitution of Holocaust-Era Assets.
- U.S. Department of State, Cultural Heritage Center
The Cultural Heritage Center administers the responsibilities of the United States under the 1970 UNESCO Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This site describes the process by which the State Department enters into agreements with other countries to restrict the importation of certain cultural property. It also contains information on import restrictions, such as a chronological chart of restrictions and information on restrictions by country (see "Information Pages" on the right), which includes the history, purpose, and text of the agreements, the official designated list of of restricted objects (published in the Federal Register), and some images of objects subject to restriction.
- Library of Congress
The Library of Congress has over 14 million prints and photographs. Use the Prints & Photographs Online Catalog to search holdings.
- National Park Service (NPS)
The
NPS administers most of the sites in the United States on the World Heritage List.
- United Nations Educational, Scientific and Cultural Organization (UNESCO)
UNESCO works to protect arts and culture. It has coordinated a number of conventions to protect cultural heritage (see Treaties above) and administers a number of arts-related programs. The website includes many useful resources, such as a database of national cultural heritage laws and the text of conventions, declarations, and recommendations related to culture.
Professional Associations, Organizations, and Institutes
- Volunteer Lawyers for the Arts (VLA)
Volunteer Lawyers for the Arts is a New York organization that provides "educational and legal services, advocacy and mediation to the arts community". There are lawyers for the arts (unaffiliated) in almost every state (see the National VLA Directory).
- American Bar Association, Art & Cultural Heritage Law Committee
Part of the ABA Section of International Law, this committee is "composed of attorneys with an interest in the field of art, cultural heritage, and cultural property law and who work in a variety of settings, including private practice, museums, government, and academia." The website includes recent issues of the committee's newsletter and drafts of its year in review. State and local bar associations may also have committees and sections devoted to art law, such as the New York State Bar Association's Entertainment, Arts and Sports Law Section.
- Institute of Art and Law
Publishers of the journal Art Antiquity and Law, the Institute of Art and Law was founded in 1995 and is an "independent organisation with the aim of providing both lawyers and non-lawyers with access to information about [art and cultural property law] in the form of seminars, publications and distance learning courses."
- International Foundation for Art Research (IFAR)
IFAR is a non-profit organization that "offers impartial and authoritative information on authenticity, ownership, theft, and other artistic, legal, and ethical issues concerning art objects."
The website includes a few useful databases: International Cultural Property/Ownership & Export Legislation (ICPOEL), which contains laws on export and ownership of cultural property from 75 countries (in original language and translated); Case Law & Statutes, which contains U.S. case law and settlements organized by topic; and a catalog of catalogues raisonnes, which are comprehensive lists of an artist's works or a particular subset of an artist's works.
- Lawyer's Committee for Cultural Heritage Preservation (LCCHP)
The LCCHP is "a nonprofit organization of lawyers, law students and interested members of the public who have joined together to promote the preservation and protection of cultural heritage resources in the United States and internationally through education and advocacy." The LCCHP publishes the Yearbook of Cultural Property Law. The organization has a student writing competition, publishes a Guide to Cultural Heritage Preservation Internships and Externships (members only), and maintains a directory of law school course offerings related to cultural heritage preservation.
- Saving Antiquities for Everyone (SAFE)
SAFE is a non-profit organization that raises awareness about damage to cultural heritage from the looting and illicit trade of antiquities. The site has articles on various legal and ethical issues and provides links to useful resources online.
- International Council of Museums (ICOM)
ICOM is an professional organization of museums and museum professionals with 28,000 members in 137 countries. ICOM promulgates a Code of Ethics for Museums, publishes the Red Lists, and organizes International Museum Day, among other things.
- Association of American Museums (AAM)
Professional association of museums and museum professionals.
The AAM promulgates standards and best practices and has an accreditation program.
- International Council on Monuments and Sites (ICOMOS)
An association of professionals, such as historians, architects, archaeologists, and town planners, involved in the conservation and protection of cultural heritage property. ICOMOS advises the World Heritage Committee on the addition of sites to the World Heritage List. This website provides access to many ICOMOS documents, including governing documents, its newsletter, and various reports.
- Cultural Policy Research Institute (CPRI)
CPRI is a non-profit "dedicated to advancing public education and understanding of the issues that underlie the ownership and disposition of cultural property." Website includes cultural property laws, a bibliography of readings on cultural property protection, and other useful links.
Sources for Images of Art
The following are useful resources for locating images and information about particular works of art. Images and information about particular works of art also can be found in a number of the resources listed above and on museum websites, such as the Smithsonian Institution.
- Index of Christian Art
Contains records on approximately 80,000 works of art and includes over 120,000 images. The index includes works of art produced worldwide (with an emphasis on western art) from apostolic times to 1500. The database includes thirty percent of records created prior to 1991 (when the index became electronic). A print copy of the entire index is available at the
Dumbarton Oaks Research Library.
- ARTstor
This database contains over 1 million images and basic information about a work, including where it is located and what person or entity owns the copyright (useful for seeking permissions). ARTstor can be searched by keyword and browsed by geography, classification (e.g., prints, sculpture, et cetera), collection, or topic (e.g., women's studies).
- Angelica Image Library
A database of over 15,000 images and 115,000 text records from the department of Art, Music, and Theater
at Georgetown University.
- Bridgeman Art Library
Includes over 100,000 images from over 8,000 collections and 29,000 artists. The database can be searched and browsed using a variety of subjects and categories, such as geography, emotion, religion, and by historic events (see "Anniversaries" under "Browse").
- Art Resource
Art Resource, which is also the official rights and permissions representative for a number of
museums and archives, has one of the largest online databases of fine art images with over 250,000 images.
- Google Art Project
Images of artwork on display at some of the world's most famous museums, such as the Metropolitan Museum of Art, the Uffizi Gallery, and the State Hermitage Museum. The Google Art Project also enables users to virtually visit museum galleries using Google's Street View technology.
- Europeana
A digital library containing over 15 million items, such as images of art, books, music, and videos, from European museums and other cultural institutions.
Sources for Information on Art Crime (Fraud, Looting, Stolen Art)
The looting of art and cultural property during war and conflict and other art theft and crime is a significant problem. Estimated annual loss from art and cultural property crime is as high as $6 billion.
Provenance Research
Researching the provenance of a work of art (the origin and history of ownership), is complex and requires the use of a range of resources and tools. A good starting point for understanding the process is Nancy H. Yeide, Konstantin Akinsha & Amy L. Walsh, The AAM Guide to Provenance Research (2001) (Lauinger Library, N3999 .Y45) or the International Foundation for Art Research's Provenance Guide.
Further Research Tools
Subject Headings
To find additional sources on art law in the Georgetown Law Library, search GULLiver by subject using the following select, alphabetical list of subject headings. You may need to add a geographic location to certain headings; for example "Law and art -- United States" or "Copyright -- Art -- Great Britain". To find additional subject headings, view the record for a relevant book and click "Find similar items" or "Full Record".
Antiquities -- Collection and preservation -- Moral and ethical aspects
Artists -- Legal status, laws, etc.
Law and art
Copyright -- Art
Cultural Property -- Protection -- Law and legislation
Cultural Property -- Protection -- International Law
Museums -- Law and legislation
Other Research Guides
The Georgetown Law Library has a number of other research guides that are relevant to art law research, such as
For a list of all our research guides, see Research Databases, Guides and Tutorials.
There are other guides on art law research that may also be useful, including those listed below. However, you will have to search GULLiver or contact the reference desk to see if the resources discussed therein are available at Georgetown.
Created June 2010 (MMS)