LAW 7928 - Advanced Topic: Art and Cultural Heritage Law

This three-unit class will provide an overview of law relating to art and cultural heritage. Transactions in the rapidly growing legitimate global art market are estimated at almost $70 billion annually, and art institutions, auction houses, dealers, museums and collectors have holdings valued well into the multi-trillions of dollars. Lawyers are involved in all aspects of the art world, and the legal issues they deal with are varied and fascinating. Students in this class will gain an understanding of the nature of art and cultural heritage institutions, services, and transactions, both domestic and international; an appreciation of the legal doctrines and regulations relevant to the art world; and an understanding of the dynamics of art and cultural heritage transactions. In addition, the class will examine the policy, political and ethical considerations that relate to the art market. Specific topics will include the role of copyright law, freedom of speech and expression, and government support (and censorship) of artistic expression; the role of museums and galleries and the legal obligations of trustees; the role of auction houses and dealers; question of title for works of art; the law of war and cultural heritage (for example the destruction of archaeological treasures by ISIS and others); responses to the problem of looting and illegal export of cultural heritage; the looting of art works by the Nazi’s; and the global trade in antiquities. Letter grade. 3 credits