Legal Issues in Cultural Heritage Management

Legal Issues in Cultural Heritage Management
Author: Alicja Jagielska-Burduk
Publisher: PL Academic Research is
Total Pages: 0
Release: 2016
Genre: Cultural policy
ISBN: 9783631670330

Trusts, fideikomissum and foundations along with property and their legal potential are vital for cultural heritage management in the future. The economic model of cultural heritage should comply with changes in the legal system. The national perspective plays an important part in cultural heritage management in an international context.

Legal Perspectives on Cultural Resources

Legal Perspectives on Cultural Resources
Author: Jennifer R. Richman
Publisher: Rowman Altamira
Total Pages: 310
Release: 2004
Genre: Law
ISBN: 9780759104488

Collection of original writings on legal aspects of cultural resources protection from practicing lawyers and judges. Visit our website for sample chapters!

Cultural Heritage Ethics

Cultural Heritage Ethics
Author: Constantine Sandis
Publisher: Open Book Publishers
Total Pages: 230
Release: 2014-10-13
Genre: Art
ISBN: 1783740671

Theory without practice is empty, practice without theory is blind, to adapt a phrase from Immanuel Kant. The sentiment could not be truer of cultural heritage ethics. This intra-disciplinary book bridges the gap between theory and practice by bringing together a stellar cast of academics, activists, consultants, journalists, lawyers, and museum practitioners, each contributing their own expertise to the wider debate of what cultural heritage means in the twenty-first century. Cultural Heritage Ethics provides cutting-edge arguments built on case studies of cultural heritage and its management in a range of geographical and cultural contexts. Moreover, the volume feels the pulse of the debate on heritage ethics by discussing timely issues such as access, acquisition, archaeological practice, curatorship, education, ethnology, historiography, integrity, legislation, memory, museum management, ownership, preservation, protection, public trust, restitution, human rights, stewardship, and tourism. This volume is neither a textbook nor a manifesto for any particular approach to heritage ethics, but a snapshot of different positions and approaches that will inspire both thought and action. Cultural Heritage Ethics provides invaluable reading for students and teachers of philosophy of archaeology, history and moral philosophy – and for anyone interested in the theory and practice of cultural preservation.

Art, Cultural Heritage, and the Law

Art, Cultural Heritage, and the Law
Author: Patty Gerstenblith
Publisher:
Total Pages: 0
Release: 2019
Genre: Art dealers
ISBN: 9781531007652

Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach, with accompanying images to illustrate the artworks discussed in the legal materials. The fourth edition continues the tradition of the earlier editions in focusing on the meaning of the art works and cultural objects that are at the heart of an increasing number of legal disputes. This book addresses artists' rights (freedom of expression, copyright, and moral rights), the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and cultural heritage (including the fate of art works and cultural objects in time of war; the international trade in art works and cultural objects; the historic, archaeological, and underwater heritage of the United States; and indigenous cultures, focusing on restitution of Native American cultural objects and human remains and the appropriation of indigenous culture). The inclusion of images of many of the art works and cultural objects at issue helps students to understand why these disputes occur and why the litigants feel so strongly about the outcomes. The fourth edition retains the basic structure of the earlier editions while updating all relevant case law, legislation, and policies. It includes cutting-edge legal developments, such as Cariou v. Prince, the Berkshire Museum deaccessioning decision, Trustees of the Corcoran Gallery v. District of Columbia, the Knoedler Gallery cases, Foreign Sovereign Immunities Act cases (Williams v. National Gallery of Art, Philipp v. Federal Republic of Germany, Rubin v. Iran, and DeCsepel v. Hungary), Konowaloff v. Metropolitan Museum of Art, Okinawa Dugong v. Mattis, Navajo Nation v. Dep't of Interior, and Navajo Nation v. Urban Outfitters. Treatment of new legislation includes the Holocaust Era Art Recovery Act, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, and the Protect and Preserve International Cultural Property Act. A new section examines the intersection of human rights and cultural heritage, while expanded sections address the use of civil forfeiture in art recovery cases, museum policies on acquisition of antiquities and the use of proceeds realized from the sale of art works from museum collections, and comparative analysis of market country implementation of the 1970 UNESCO Convention.

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 126
Release: 2010
Genre: Law
ISBN: 9280520164

This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.

Cultural Property Law and Restitution

Cultural Property Law and Restitution
Author: Irini A. Stamatoudi
Publisher: Edward Elgar Publishing
Total Pages: 417
Release: 2011-01-01
Genre: Political Science
ISBN: 0857930303

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.

Underwater Cultural Heritage

Underwater Cultural Heritage
Author: Elena Perez-Alvaro
Publisher: Routledge
Total Pages: 316
Release: 2019-05-07
Genre: History
ISBN: 0429885784

Underwater Cultural Heritage investigates cases of underwater cultural heritage, exploring ethical issues that have never been studied before. A vast cultural heritage lies beneath the sea, including the archaeological remains of more than three million vessels, as well as historic monuments and whole cities. In addition, climate change, population growth and current events around the world mean that new underwater cultural heritage is being created faster than ever before. It is, therefore, essential that the ethical issues related to the management of such heritage are considered now, especially as decisions made now will bestow the heritage with a value and will establish legal frameworks that could be used either to protect or harm underwater heritage in the future. Considering a range of challenges related to underwater cultural heritage - including preservation, management, use, sustainability, valuation, politics, identity, human rights, and intangible heritage - the book presents case studies that both illustrate the key ethical issues and also offer possible solutions to help navigate such challenges. The book will also explore the various legislative instruments protecting underwater cultural heritage and emphasise the importance of revising and updating legal frameworks, whilst also taking into account ethical concerns that may expose cultural heritage to more serious menaces. Underwater Cultural Heritage draws on case studies from around the globe and, as such, should be of great interest to academics, researchers and students working in heritage studies, archaeology, history, politics and sustainability. It should also be appealing to heritage practitioners and policymakers who want to learn more about the issues surrounding not only management of underwater cultural heritage but management of cultural heritage in general.

Intangible Cultural Heritage in International Law

Intangible Cultural Heritage in International Law
Author: Lucas Lixinski
Publisher: OUP Oxford
Total Pages: 295
Release: 2013-06-13
Genre: Law
ISBN: 0199679509

Intangible cultural heritage is the traditional practices, expressions, knowledge, and skills that form part of a community's culture. It is protected by a 2003 UNESCO Convention, and by several regional and national instruments. This book analyses its legal protection, including from within human rights, intellectual property, and contract law.

Cultural Heritage as a Legal Hybrid

Cultural Heritage as a Legal Hybrid
Author: Alicja Jagielska–Burduk
Publisher: Springer Nature
Total Pages: 347
Release: 2022-07-19
Genre: Law
ISBN: 3031049462

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries’ solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book’s target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

Cultural Heritage and Human Rights

Cultural Heritage and Human Rights
Author: Helaine Silverman
Publisher: Springer Science & Business Media
Total Pages: 211
Release: 2008-10-14
Genre: Social Science
ISBN: 0387765794

Is there a universal right to the free expression and preservation of cultural heritage, and if so, where is that right articulated and how can it be protected? No corner of today’s world has escaped the effects of globalization – for better or worse. This volume addresses a deeply political aspect of heritage preservation and management as it relates to human rights.