JULY 24, 1997
- Publication on Art Loans
- Legal Aspects of International Trade in Art/Les aspects
juridiques du Commerce international de l'art
- Paris museum blaze causes less damage than feared
- U.S. to return stolen manuscripts
- management exercise development system
Publication on Art Loans.
At http://museum-security.org/denney.html we host the Anthony Denney story about a 'hijacked' art loan.
The following publication is about all legal aspects and risks related to art loans.
Art Loans
by
Norman Palmer
Faculty of Laws, University College London, UK
Art loans arouse acute public interest, as the recent Cézanne and Vermeer exhibitions have shown. But few people realise the legal risks and demands that these immensely valuable transactions impose. This book sets out to repair that omission. It is over twenty years since the General Conference of UNESCO called on the nations of the world to adopt more effective legal initiatives for promoting all forms of exchange of cultural objects including loans and exhibitions. The aim of this unique new work is to examine how those nations have responded to the challenge, and to give a detailed analysis of the legal and practical mechanics of art lending. Drawing on four years' research and an unrivalled knowledge of the common law of personal property, the author explores the pitfalls which lurk within every art loan, charts the modern trend towards uniformisation and seeks to assess the place of the modern art loan as a medium of cultural exchange. Both domestic and international art lending are covered and full treatment is given to international touring exhibitions. The author's inquiry extends along three main dimensions: a theoretical survey of the legal doctrines which bear upon art loans in chosen jurisdictions; a commentary on the standard forms of lending and borrowing agreements in common use, having regard to the underlying doctrine; and an analysis of the attitudes of museum officials and others to the operation of law and practice in the field. By this means, the book seeks to identify in logical sequence the legal issues which might arise from a loan or exhibition, giving due emphasis to each aspect according to its practical importance and the depth of treatment it receives in the standard forms.
Contents
Preface. 1. The Scope of the Inquiry. 2. The Legal Nature of Art Loans. 3. Incentives and Constraints. 4. Title, Possession and Enjoyment. 5. Safekeeping, Insurance and Indemnity. 6. Old Loans and Unclaimed Works. 7. Other Matters of Common Provision. 8. Multiple Touring Exhibitions. 9. Intellectual Property Rights. 10. Derogatory Statements. 11. Limitation Periods. 12. Cross-Border Loans and International Dispute Resolution.
Kluwer Law International, The Hague (http://www.wkap.nl/)
IBA
Hardbound, ISBN 90-411-0667-7
June 1997, 624 pp.
NLG 350.00 / USD 217.00 / GBP 130.00
---------------
Legal Aspects of International Trade in Art/Les aspects
juridiques du Commerce international de l'art
edited by
Martine Briat
Judith A. Freedberg
INTERNATIONAL SALES OF WORKS OF ART
Volume 5
Public attention focused on illegal art trade - theft, counterfeiting and pillage - has obscured the
broader question of the legal art trade in international culture and civilisation.
This fifth volume in the International Sales of Works of Art series first explores the principles
which should govern the legal trade of cultural objects. World-renowned experts -
anthropologist, archeologist, ethnologist, museum director, governmental and international
organisations, merchant, collector, lawyer - gather within these pages to exchange ideas on this
complex and contentious subject.
Recovering works of art after armed conflict raises serious legal, practical, ethical and political
issues which form the second part of this book.
How to measure the value of the Cazenoves frescoes in Rousillon without considering their
context? The innovative third section considers the problems of protecting immovable cultural
property.
Practical issues are not forgotten: Conservation requires the expertise of at least 12 different
professions; transportation and insurance can raise strange and difficult problems; and
financing is a perennial question, from excavation to exhibition.
Over ten years, this series has become the indispensible reference for professionals in every
sector of the international art market. A unique resource for scholars and practitioners all over
the world.
Contents
Editor's Foreword. Préface/Preface; P. Lalive. I. Licit International Trade in Cultural
Objects/Trafic licite des biens culturels. A. Views on a Licit International Trade in Cultural
Objects/Discussion sur le concept de commerce international licite des biens culturels. B. Draft
Principles to Govern a Licit International Traffic in Cultural Property/Projet de principes qui
devraient regir le commerce international licite des biens culturels. C. Initiatives for the
Regulation of the Licit or Illicit Trade in Art/Projet de reglementation du commerce licite ou
illicite des oeuvres d'art. II. Protection of Works of Art during Armed Conflict and Recovering
Works of Art after Armed Conflict/Protection et restitution des oeuvres d'art pendant et après
des conflits armés. III. Legal and Practical Protection of Immovables and Their Contents
Belonging to the Cultural Heritage/Protection juridique et matériel du patrimoine culturel
immobilier et de son contenu mobilier. IV. Loans and Exchanges; Insurance and Indemnity;
Financing Art Sales: Practical Aspects/Prêts et échanges; assurances et indemnisation;
financement de transactions d'objets d'art: aspects pratiques. Annexes: I. Protocol to the
Convention for the Protection of Cultural Property in the Event of Armed Conflict, Signed at
The Hague on 14 May, 1954. II. Draft UNIDROIT Convention on the International Return of
Stolen or Illegally Exported Cultural Objects, Rome, September - October 1993. III.
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, Rome, 24 June
1995. Committees. Sponsors.
Kluwer Law International, The Hague (http://www.wkap.nl/)
ICC Publishing S.A., Paris; Manz Publications, Vienna
Paperback, ISBN 90-411-0295-7
October 1996, 414 pp.
NLG 150.00 / USD 97.00 / GBP 66.00
-------------------------
Paris museum blaze causes less damage than feared
By Christian Curtenelle
PARIS, July 23 (Reuter) - A fire at one of Paris' most popular tourist attractions damaged exhibits in an architecture museum but spared 30,000 films in the nation's premier film library, officials said on Wednesday.
Two among some 200 firefighters were slightly injured as they battled the overnight blaze in the Palais de Chaillot, facing the Eiffel Tower from Trocadero Square, which houses the Museum of French Monuments and the Cinematheque film library.
``I was relieved to discover this morning that the damage was less than feared,'' Culture Minister Catherine Trautmann told a news conference after the fire was doused.
``Ten percent of the exhibits suffered slight water damage. Nothing has been destroyed,'' she said, referring to the plaster-casts, sculptures and models in the Museum of French Monuments.
Nathalie Bondil, a museum curator, said about 100 casts of Gothic art had been damaged but none had been destroyed. The worst damage was caused by water used by firemen to extinguish the blaze, which broke out on the roof on Tuesday night.
All 30,000 films in the Cinematheque library were untouched, another official said. About 40 reels of film in a projection room were carried out to safety during the blaze.
Police reckoned it was ``very probable'' that the fire began by accident, breaking out in an area of the roof that was being renovated.
``The investigation is under way. Apparently there was soldering work being carried out during the day,'' Trautmann said. ``It seems the fire smouldered for several hours, which explains its scale.''
She said explosions heard near the start of the fire may have been the explosion of oxy-acetylene canisters used by workers for the soldering.
The Museum of French Monuments includes plans or models of some of France's most famous buildings, including the great cathedrals of Notre-Dame and Chartres. ^REUTER@
Copyright 1997 Reuters Limited.
--------------------
U.S. to return stolen manuscripts
WASHINGTON, July 23 (UPI) _ The United States is to return a set of 700-year-old manuscripts originally stolen from two Spanish cathedrals by a former Ohio college professor.
Samuel Banks, Deputy Commissioner of the U.S. Customs Service, will hand four documents back to Spanish Ambassador Antonio Oyarzabal at a ceremony at the Spanish Embassy on Friday morning.
The manuscript pages, which describe 14th century civil and canon laws, are valued at more than $5,000 each.
They were stolen from the Cathedral Libraries of Toledo and Tortosa in Spain and recovered by U.S. Customs after a year-long investigation of Anthony Melnikas by U.S. Customs.
Melnikas, 69, a former professor of art history at Ohio State University, is currently serving a 14-month jail sentence for the thefts.
The pages from the Toledo library were stolen more than three decades ago, in 1965, while the pages from the Tortosa library disappeared around 1973.
Melnikas also stole several 13th-century hand-painted pages from the Vatican library in 1973, although these were returned last June.
He was caught when he tried to sell the Vatican pages to an art dealer.
(CONTACT: Alberto Barciela, Spanish Embassy, 202-728-2332, or Layne Lathram, U.S. Customs Service, 202-927-4895.) _-
Copyright 1997 by United Press International.
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To: museum-security@museum-security.org
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