The American Council for Cultural
Policy is pleased to announce an upcoming event:
China and Cultural Property: Who Owns the
Co-sponsored by The Asia Society, the Benjamin N. Cardozo
School of Law, and the American Council for Cultural Policy
Date: April 3rd
Time: 6:30 pm - 8:30 pm
Location: New York
Asia Society, 725 Park
Avenue at 70th Street, New York
Cost: $7 students w/ID; $10 members;
A spirited discussion on art and public
policy will take place during the Asian Art Fair in New York City.
The Asia Society Museum in New York City will host a timely panel
discussion, China and Cultural Property: Who Owns the Past? on Monday,
April 3rd, 2006. This public forum is
sponsored by Cardozo Law School at Yeshiva University, The Asia
Society, and the American Council for Cultural Policy. The inspiration
of Dean David Rudenstine of Cardozo Law School, the panel event
is envisioned as the first in a series of public symposia on law
and cultural heritage, touching on some of the most challenging
questions of the day affecting museums and private collectors.
What are the laws governing the current
art market and how do they impact the collecting of Asian art? How
do you balance the rights of collectors and museums with claims
for the repatriation of cultural objects? How do we best protect
The panel event brings together China
experts in archaeology, law, the art trade, and heritage preservation
and stewardship. Professor Justin Hughes of Cardozo Law School will
act as panel moderator. Guests are Dr. Magnus Fiskesjo, Professor
of Anthropology, Cornell University, and formerly director of the
Museum of Far Eastern Antiquities in Stockholm, Sweden, the distinguished
Asian art dealer James J. Lally; Nancy Murphy, a long-time corporate
lawyer in China and owner of WaterMoon Gallery in New York, and
Marc F. Wilson, Director of the Nelson-Atkins Museum of Art in Kansas
The panelists will discuss threats
to Chinese cultural heritage and Chinese and international efforts
to ameliorate them, archaeological and preservation activities in
China, and current Chinese law governing the sale and transfer of
cultural materials. Experts will present the facts on China’s rapidly
expanding internal art market. The discussion will also focus on
U.S. legal and administrative regimen, particularly the request
by the government of the People's Republic of China for a bilateral
agreement that would bar the import into the United States of all
Chinese antiquities from prehistoric times until 1912. Alternative
legal and managerial scenarios from other countries will form part
of the discussion. At the close of the panel, there will be a brief
summation and question and answer session led by Cardozo Law School
adjunct professor and Christie’s head counsel Jo Backer Laird.
LINK TO ORDER THIS BOOK:
Policy, Cultural Property, and the Law
"What would America be like without its
public and private collections of art, antiquities, ethnological
materials, or natural history? What if the only art trade was in
contemporary American art? Would we be richer or poorer as a nation?
Would US citizens have greater or even less understanding of the
world outside our borders?"
Public and private institutions in
the United States have long been home to a variety of art works,
antiquities, and ethnological materials. For years, these collections
have been seen as important archives that allow present and future
generations to enjoy, appreciate, and value the art of all cultures.
The past decade, however, has seen major changes in law and public
policy and an active, ongoing debate over legal and ethical issues
affecting the ownership of art and other cultural property.
Contributors to Who Owns the
Past? include legal scholars, museum professionals, anthropologists,
archaeologists, and collectors. In clear, non-technical language,
they provide a comprehensive overview of the development of cultural
property law and practices, as well as recent case law affecting
the ability of museums and private collectors to own art from other
countries. Topics covered include rights to property, ethical ownership,
the public responsibilities of museums, threats to art from war,
pillage, and development, and international cooperation to preserve
collections in the developing world.
Who Owns the Past? will
serve as a comprehensive syllabus on developments in US law and
ethical practices for students and professionals in the fields of
law and anthropology, a survival guide to art litigation and a handbook
on responsible collecting for collectors, art dealers and museum
professionals. Engaging all perspectives on this debate, Who
Owns the Past? challenges all who care about the arts to work
together toward policies that consider traditional American interests
in securing cultural resources and respect international concerns
over loss of heritage.
Who Owns the Past, Cultural Policy,
Cultural Property, and the Law will be published by Rutgers
University Press, Art in the Public Area Series in Fall 2005.
Who Owns the Past?
Cultural Policy, Cultural Property, and the Law
Fitz Gibbon, Editor
Table of Contents
I. The Laws
Chronology of Cultural Property Legislation
- Kate Fitz Gibbon
Cultural Property, Congress, the Courts,
and Customs - William Pearlstein
Indian Givers, NAGPRA - Stephen
International and Domestic Immunity
- Rebecca Noonan
A Tale of Two Innocents - Ashton
Hawkins, Judith Church
The Schiele Matter - Stephen W.
The Sevso Treasure - Leo Gagion,
Harvey Kurzweil, Ludovic de Walden
New British Law Governing the Trade
in Antiquities - Anthony Browne, Pierre Valentin
The Elgin Marbles, A Summary - Kate
The Hazards of Common Law Adjudication
- Jeremy G. Epstein
II. Collecting and the Trade
History of Collecting Ancient Art -
Margaret Ellen Mayo
Museums, Antiquities, Cultural Property,
and the US Legal Framework - James Cuno
The Expert and The Object - Ronald
Building American Museums, The Role
of the Private Collector - Shelby White
The Trade in Antiquities, Who, What,
Where…and How Much? - Arielle Kozloff
Dealers Speak - Peter Marks
ATADA, Building Ethical Consensus through
Trade Organization - Ramona Morris
A Modern Challenge to an Age-Old Pursuit:
Can Cultural Patrimony Claims and Coin Collecting Coexist? - Peter
Tompa, Ann Brose
III. Art in Peril
Archaeology and the Art Market - Clemency
Observations of a Combatant - Clemency
Art in Jeopardy - Andrew Solomon
Improving the Odds, Preservation through
Distribution - André Emmerich
Subsistence Diggers - David Matsuda
IV. The Universal Museum
A Licit International Trade in Cultural
Objects - John Henry Merryman
Alternatives to Embargo - Kate Fitz
The Kathmandu Valley Preservation Trust
- Erich Theophile, Cynthia Rosenfeld
Acquisition and Ownership of Antiquities
in Today’s Age of Transition - Emma Bunker
Museums at the Center of Public Policy
- ACCP editorial board
V. Appendices and Links
Japan’s Protection of its Cultural
Heritage – A Model
Cultural Property Information Resources
Who Owns the Past?
Cultural Policy, Cultural Property, and the Law
Ann Brose is an associate in
the Intellectual Property Department at McDermott, Will, and Emery,
Washington, DC. Ms Brose worked in the Rights and Reproductions
departments for both the Los Angeles County Museum of Art and the
Smithsonian American Art Museum.
Anthony Browne is a former Director of Christie’s, London,
and Chairman of the British Art Market Federation, established in
1996 to represent the interests of the art trade in discussion with
the government and other bodies.
is an archaeologist, art historian, and scholar specializing in
the art of Central Asia, western China, and Southeast Asia. She
is presently a consultant to the Denver Art Museum and actively
coordinates efforts to revitalize cultural institutions in Cambodia.
Dr. Bunker is the author of many books and articles on art and archaeology,
her most recent book is Glory and Adoration: The Golden Age of
is counsel at Debevoise & Plimpton LLP in New York and a member
of the Corporate Department and Intellectual Property Practice Group.
Ms. Church speaks regularly on intellectual property issues in mergers
and acquisitions and has written a number of articles on related
topics as well as articles on the protection of cultural property
under United States law. Prior to becoming an attorney she
was a painter and printmaker and her work is included in a number
of public and private collections.
Stephen W. Clark is Deputy
General Counsel for The Museum of Modern Art (MoMA) in New
York. He worked in various capacities at the Museum from 1982 to
1986, and served as Assistant Director of the American Craft Museum
in 1986-1987 before returning to MoMA. He is a member of the Art
Law Committee of the Association of the Bar of the City of New York,
and has served as Chairman of the Museum Attorney's Group and as
a member of the Steering Committee and faculty for the annual American
Law Institute/American Bar Association conference "Legal Problems
of Museum Administration." He is President of the Museum Association
of New York, an advocacy organization for New York's 1400 museums
and historical societies.
Clemency Chase Coggins is Professor
of Archaeology and Art History at Boston University. She is a specialist
in Ancient Mesoamerica and Andean art and archaeology and has written
extensively on archaeology, cultural-property issues and on ethical
practices in archaeology, Her published work includes the 1992 Artifacts
from the Cenote of Sacrifice, Chichen Itza, Yucatan. Dr.
Coggins received the Gold Medal Award for Distinguished Archaeological
Achievement from the American Institute of Archaeology in 1997
James Cuno is Director of the
Art Institute of Chicago. Dr. Cuno served as the Elizabeth and John
Moors Cabot Director of the Harvard University Art Museums and Professor
of the History of Art and Architecture at Harvard from 1991 to 2002.
He was Director of the Courtauld Institute, London from 2003–2004,
and has written extensively on the role of art museums in contemporary
American cultural policy. Dr. Cuno’s most recent book is Whose
Muse? Art Museums and the Public Trust.
Ludovic de Walden is a partner
in Lane and Partners, London, UK. He specializes in complex commercial
litigation and arbitration, and the international art market.
André Emmerich is a retired
dealer and specialist in Pre-Columbian art, classical art, and contemporary
painting. He is the author of numerous books and articles on art,
including Sweat of the Sun and Tears of the Moon and Art
Jeremy Epstein is a partner
in Shearman & Sterling with a specialty in fine arts litigation.
Mr. Epstein has been Director of Volunteer Lawyers for the
Arts since 1998, and has served for many years on the Art Law Committee
of the Association of the Bar of the City of New York. His published
articles have appeared in The New York Times, National
Law Journal, and New York Law Journal.
Kate Fitz Gibbon is a consultant
on collections management and cultural-property issues and specialist
on Asian art. She is the co-author with Andrew Hale of several books,
including Ikat, Silks of Central Asia, which received the
George Wittenborn Award for best art book of 1997. Ms Fitz Gibbon
served on the Cultural Property Advisory Committee to the President
from 2000 to 2003.
Leo Gagion is a partner specializing
in complex commercial litigation and arbitration in the New York
offices of Dewey, Ballantine LLP. Mr. Gagion participated in the
defense in The Republic of Lebanon v. The Trustee of the 1987
Marquees of Northampton Settlement, (N.Y. Supreme Ct., N.Y.
Co.), in which the governments of Lebanon, Croatia, and Hungary
each claimed ownership of a collection of Roman silver known as
the "Sevso Treasure," owned by a trust controlled by the Marquees
Ashton Hawkins is counsel at
Gersten, Savage and Kaplowitz, where he focuses on art law, estates
and trusts, international legal questions, and other issues of concern
to collectors, philanthropists, museums, and non-profit institutions.
Mr. Hawkins was Secretary and Counsel to The Metropolitan Museum
of Art, and then Executive Vice President and Counsel to the Trustees.
Mr. Hawkins also served as Chairman of the DIA Center for the Arts,
the New York-based contemporary-arts organization. He was involved
in the drafting of the UNESCO Treaty on International Movement of
Works of Art and worked with former New York Senator Daniel Patrick
Moynihan to draft the Convention on Cultural Property Implementation
Arielle P. Kozloff was curator
of ancient art at the Cleveland Museum of Art for 20 years. She
organized the exhibition and catalogues for Animals in Ancient
Art from the Leo Mildenberg Collection; The First 4000 Years: Judaean
Antiquities from the Ratner Collection; The Gods Delight: The Human
Figure in Classical Bronze (with David Gordon Mitten); Egypt's
Dazzling Sun: Amenhotep III and His World (with Betsy Bryan).
From 1997 to 2001, she was vice-president of the Merrin Gallery,
and she is now a private consultant to museums and collectors.
Harvey Kurzweil is co-chairman
of the Litigation Department of Dewey, Ballantine, LLP, a New York
law firm, and a member of the Firm's Executive and Management Committees.
Mr. Kurzweil was lead counsel in The Republic of Lebanon v.
The Trustee of the Marquess of Northampton 1987 Settlement. He
is a Fellow of the International Academy of Trial Lawyers.
David Matsuda is a lecturer
in anthropology and human development at California State University,
Hayward. He has worked for 15 years on studies of underground economies
and their relation to the international antiquities market in pre-Columbian
antiquities as well as cross cultural, comparative research on religion,
human development, education, and gender. Dr. Matsuda received the
Minoru Yasui human rights award for his work with indigenous peoples.
Peter Marks is a painter. For
42 years he owned a New York gallery specializing in the art of
South and Southeast Asia. He has written numerous articles on art
and cultural property.
Margaret Ellen Mayo was curator
of ancient art at the Virginia Museum of Fine Arts, Richmond, for
more than twenty-six years. Among her accomplishments are the ground-breaking
1982 exhibition The Art of South Italy: Vases from Magna Graecia
and its accompanying catalogue. Dr. Mayo is the author of Ancient
Art, a handbook of the collection of the Virginia Museum of
Fine Arts. She served as a research scholar for Greek vases at Hearst
Castle, San Simeon, California and was a Parker Scholar at the Center
for Old World Archaeology at Brown University in 1984.
John Henry Merryman is Nelson
Bowman Sweitzer and Marie B. Sweitzer Professor of Law, Emeritus
and Affiliated Professor in the Department of Art, Emeritus at Stanford
University. He was a member of the UNIDROIT Working Group, was an
organizer and first President of the International Cultural Property
Society, and co-founder of the International Journal of Cultural
Property. He has received numerous national and international
honors and awards, and is the author of over a dozen books and many
articles on comparative and art law.
Ramona Morris is a specialist
in Native American art and a former President of the Antique Tribal
Art Dealers Association, a trade association dedicated to public
education and the establishment of ethical standards for dealers
in ethnographic artifacts. She has worked as an advisor to several
Rebecca Noonan is an associate
counsel at The Metropolitan Museum of Art in New York, specializing
in immunity issues and art law.
William G. Pearlstein is of
counsel at Golenbock Eiseman Assor Bell and Peskoe LLP. He specializes
in art law and is the author of several law journal articles on
related issues including Claims for the Repatriation of Cultural
Property: Prospects for a Managed Antiquities Market, and
Jeanneret v. Vichey: Sales of Illegally Exported Art Under the
Uniform Commercial Code.
Cynthia Rosenfeld serves as
a development advisor to the Kathmandu Valley Preservation Trust,
and has worked extensively in Asia as a writer and travel-industry
Ronald D. Spencer is counsel
at Carter, Ledyard & Milburn in New York City. Mr. Spencer serves
on numerous art-authentication boards, including the Pollock-Krasner
Authentication Board, the Jacob Lawrence Catalogue Raisonné
Project, and the Andy Warhol Art Authentication Board. A leading
authority on art-authentication law, Mr. Spencer is the author of
many articles and the editor and principal author of the 2004 book,
The Expert Versus The Object: Judging Fake and False Attributions
in the Visual Arts.
Andrew Solomon is author of
The Noonday Demon: an Atlas of Depression, which has won
11 national awards, including the 2001 National Book Award. Mr.
Solomon is a regular contributor to The New Yorker, Art Forum,
and The New York Times Magazine. He is the author of The
Irony Tower: Soviet Artists in a Time of Glasnost and the novel
A Stone Boat, which was a finalist for the Los Angeles
Times First Fiction Award. He serves on the board of the World
Monuments Fund and on the Conservators’ Council of the New York
Erich Theophile has practiced
architecture and historic preservation between Nepal and New York
City since 1987. He is co-founder of the Kathmandu Valley Preservation
Trust, a non-profit foundation dedicated to safeguarding the architectural
heritage of Nepal, and is actively engaged in the restoration of
monuments, temples, and architectural landmarks throughout the country.
Mr. Theophile is co-editor of The Sulima Pagoda: East meets West
in the Preservation of a Nepalese Temple.
Peter K. Tompa is a partner
in Dillingham & Murphy, LLP, Washington, DC, focusing on cultural
property as well as environmental insurance matters. Mr. Tompa has
written a number of law review and magazine articles on cultural
property issues. He is a Fellow and Trustee of the American Numismatic
Society, a board member of the Ancient Coin Collector’s Guild, a
life member of the American Numismatic Association, and a member
of the Ancient Numismatic Society of Washington, DC.
is a solicitor with the law firm Withers in London where he is head
of the firm’s Art and Cultural Assets Group. He was formerly European
Counsel at Sotheby’s.
Stephen Vincent is a freelance
author writing on arts issues, specializing in cultural policy.
He is a frequent contributor to numerous US and international art
magazines and author of In The Red Zone: A Journey Into The Soul
Of Iraq, 2004.
Shelby White is an author, collector,
and philanthropist. She serves on the board of The Metropolitan
Museum of Art. Ms. White is chair of the White-Levy Program for
Archaeological Publications. With her late husband, Leon Levy, Ms.
White established the New Initiative Program at the Institute for
Advanced Studies, Princeton, New Jersey, and the Leon Levy Biogenetics
Center at Rockefeller University. Ms. White is a director of Alliance
Capital Money Market Funds.