JULY 30, 1997 Introducing Art Antiquity and Law Editor-in-Chief Professor Norman Palmer A new journal aiming to inform those who work in art and antiquity about the law governing their activities and the policies behind the law Providing informed, practical and scholarly comment, Art Antiquity and Law is the first periodical solely devoted to the impact of law on heritage. It is founded on the belief that cultural life cannot exist in a legal vacuum and that all responsible members of the art and history community should be aware of the role which law plays in shaping cultural policy. Above all, Art Antiquity and Law is a journal of inquiry and an advocate of the big picture. As such, it seeks to reflect all interests and shades of opinion and to foster respect among the adherents. The authors and unparalleled editorial board constantly demand to know, not only what is happening and how it is managed, but whether it should continue to happen and how, if at all, it can be stopped. Art Antiquity and Law is published under the auspices of the Institute of Art and Law and under the general editorship of Professor Norman Palmer, a noted authority on the interrelation of history, art and law. As such, it is well equipped to help its readers assimilate the mass of legal regulation within the field, and be prepared to respond to it. Sharp in focus - Wide in scope One of the journals's ambitions is to be truly worldwide, and to provide coverage on all aspects affecting art and antiquity law. Every form of cultural evidence is explored, as is the vast range of human activity in this domain. Art Antiquity and Law recognises that much of this activity is commercial and deals with art as personal property. Attention is duly given to policy and to the balance between public and private interest. Further, the quarterly gives an account of new legislation, case-law, public documents and official initiatives, and gives considered opinions on more general points of law and practice. Cultural evidence paintings sculpture ancient cargo and vessels literature folklore ritual and oral tradition human remains historic sites and the built environment Commercial activity sale or lease of art works transport and insurance title disputes war loot limitation periods cross-border theft use of art as security for debts tax traps and incentives conservation liberty risks copyright and moral right claims state funding for acquisitions new types of dispute resolution mercantile role of public bodies Policy balance between public and private interest ethical and spiritual fetters which regulate human tradition Specialised Articles No other journal provides the type of thought-provoking, diverse and truly global articles you will find in Art Antiquity and Law. Ranging from gallery collections and multi-media law to negligent valuation of classic jewellery, from ownership of human remains to reporting schemes for portable antiquities, articles are written by eminent academics and practitioners in the field. We therefore ensure you are at the disposal of the highest quality material to keep you abreast of all international and comparative developments. A small selection of recent and forthcoming articles * When it's O.K. to sell the Monet: a Trustee-Fiduciary-Duty Framework for analysing the Deaccessioning of Art to meet Museum Operating Expenses Jennifer White * Art Auctions in the Peoples Republic of China David Murphy * The Application of Copyright to Aboriginal Intellectual Property Terri Janke * Museums as International Copyright Owners Peter Wienand * The National Treasures Exception in Article 36 of the Treaty of Rome * Time Limits in Art and Antiquity Claims Ruth Redmond-Cooper * The Law of Law Enforcement Agencies in the Recovery of Stolen Art Charles Hill Readership Due to the scope and coverage of Art Antiquity and Law, this journal will be of great importance to a wide ranging spectrum of bodies in the community. Current readers include . legal practitioners . university lawyers . museum officers . goods underwriters . trust lawyers . fund managers . insurers and loss adjusters . tax advisers . investors . collectors . auction houses . market consultants . archaeologists . property developers . anthropologists . local authorities . art historians . owners of historical properties . cultural policy advisers. The Institute of Art and Law The Institute of Art and Law is an independent institution which has as its main object the increase of public knowledge concerning the contribution of law to the development of cultural tradition. It offers education, advisory and adjudicatory services across the fields of art, history and law. Among the Institute's activities are the provision of specialised training courses and seminars to lawyers, historians, collectors, dealers, museum officials, and others on aspects of heritage law and practice, and the funding of research through grants and research projects. Call for Papers The editors are pleased to consider for publication articles, case-notes, statute commentaries, book-reviews and conference reports. Prospective authors are invited to discuss their proposed submission with the relevant subject area assistant editor, where this would be of assistance. For further details, please contact Ruth Redmond-Cooper at The Institute of Art and Law, Bank Chambers 121, London Road, Leicester LE2 OQT. Specifications Volume 2, 4 issues ISSN 1362-2331 Art Antiquity and Law 1362-2331 £ 134 / NLG 335 / US$ 200 Volume 2, 1997 Art Antiquity and Law 1362-2331 £111 / NLG 355 / US$ 182.50 Volume 3, 1998 Editorial Board Editor-in Chief Professor Norman Palmer, Rowe & Maw Professor of Commercial Law, Faculty of Laws, University College London Executive Editor Ruth Redmond-Cooper, Director, Institute of Art and Law Production Editor Keith Marriott, Institute of Art and Law Geoffrey Bond, Solicitor Professor Michael Bridge, Hind Professor of Commercial Law, University of Nottingham Peter B. Carter, QC, Wadham College, Oxford Maître Sosthène de Vilmorin, Avocat à la Cour, Paris Sir Matthew Farrer, GCVO Dr. Caroline Forder, Rijksuniversiteit Limburg, the Netherlands Professor Brian Harvey, University of Birmingham Professor Anthony Hudson, Emeritus Professor of Common Law, University of Liverpool Professor Peter Kaye, Morgan Bruce Professor of European Law, University College Swansea Rosslyn Lee, Barrister The Hon. Sir Anthony Mason, AC, KBE, Chancellor, University of New South Wales; National Fellow, Research School of Social Sciences, Australian National University; Chief Justice of the High Court of Australia, 1987-1995 Dr. Frédéric Marx, Docteur en Droit, Officier de la Légion d'Honneur Professor Gareth Miller, University of East Anglia Professor John Phillips, Professor of English Law, King's College London Professor the Lord Renfrew of Kaimsthorn, FBA, FSA, The Master, Jesus College, Cambridge Lord Renton, KBE, QC, TD, DL Lord Templeman, MBE Revd. E. Gordon Webb, LLB, Christchurch, Clarendon Park, Leicester
- Fire Safety and Prevention in Historic Buildings
- Re: Fire Safety and Prevention in Historic Buildings
- Re: Fire Safety and Prevention in Historic Buildings
- Re: Fire Safety and Prevention in Historic Buildings
- Emergency Planning article
- Natural formations accessible, vulnerable (Even landmarks as sacred as the Eye of the Needle aren't safe from mindless vandals; tourists break off pieces of cave formations for souvenirs)
- PUBLICATIONS: Art Antiquity and Law/ Law, Ethics and the Visual Arts
(forwarded from Museum-L)
From: Country Heritage Experiience <oamchin@INTERHOP.NET>
Subject: Fire Safety and Prevention in Historic Buildings
I would like to know how sites with historic buildings deal with fire
extinguishers and the their local fire code. Our local Fire Department has
informed us that we must have our extinguishers visible and at the exits of
our historic buildings. Other historic sites get around having fire
extinguishers visible, and I would like to get feedback as to how this is
done without being in contravention of the code.
Garth Dallman
Site Interpretive Supervisor
The Farm Museum
formerly the Ontario Agricultural Museum
oamchin@interhop.net
(forwarded from Museum-L)
From: "Thomas A. Reitz" <rtom@REGION.WATERLOO.ON.CA>
Subject: Re: Fire Safety and Prevention in Historic Buildings
Garth - that's pretty much the same here at Doon. The local fire department
have allowed us to put extinguishers behind doors at exits but in some
instances they have insisted on more visible locations, or there hasn't been
a door to hide it behind. Plus when our fire inspectors come through, they
usually quiz our costumed interpreters to find out if they know where the
extinguishers are. The fire department has been reluctant to let us put
them in cupboards because cupboards often end up being a jumbled mess with
other interpreter supplies.
Tom
Thomas A. Reitz
Manager/Curator
Doon Heritage Crossroads
R.R. #2
Kitchener, Ontario, Canada N2G 3W5
Telephone: 519-748-1439 ext. 227
Fax: 519-748-0009
e-mail: rtom@region.waterloo.on.ca
http://www.region.waterloo.on.ca/doon/
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Subject: Re: Fire Safety and Prevention in Historic Buildings
Send reply to: securma@xs4all.nl
Date sent: Mon, 28 Jul 1997 20:29:16
> I would like to know how sites with historic buildings deal with fire
> extinguishers and the their local fire code. Our local Fire Department has
> informed us that we must have our extinguishers visible and at the exits of
> our historic buildings. Other historic sites get around having fire
> extinguishers visible, and I would like to get feedback as to how this is
> done without being in contravention of the code.
It is always the same with fire prevention (and security
measurements): we do not want to be confronted with the very
unpleasant consequences of fire but as long as there is no fire we
also do not want to see those ugly extinguishers!
Believe me, when there is a fire you will be very pleased that even
those that do not know your building very well have easy access to
those ugly extinguishers and do not have to search. Easy access to
extinguishers is the price you have to pay if you want to be able to
stop a fire quickly.
Ton Cremers
-------------------------------
From: "Olivia S. Anastasiadis" <oa@JUNO.COM>
Subject: Re: Fire Safety and Prevention in Historic Buildings
The local Fire Department also has adjured us to make fire extinguishers
visible and easy to get to in the Birthplace home. The fire
extinguisher is in the kitchen area, within easy reach, and we also have
fire pulls at the front and back doors of the home. When the home was
restored we also had to install a sprinkler system in order to be in
compliance. I haven't had anyone complain that the extinguisher or that
the sprinklers are "anachronistic," and most people see them as a needful
thing.
O
Olivia S. Anastasiadis, Curator
Richard Nixon Library & Birthplace
18001 Yorba Linda Boulevard
Yorba Linda, CA 92886
(714) 993-5075; fax (714) 528-0544; e-mail: oa@juno.com
(views expressed are my own)
------------------
> From: SGDP@aol.com
> Date: Mon, 28 Jul 1997 21:06:19 -0400 (EDT)
> To: securma@xs4all.nl
> Subject: Emergency Planning article
> Hi!
> I really enjoyed the section on your website on emergency planning. I work
> for a U.S. insurance company. Could we get permission to reprint this
> material and share it with the cultural institutions we insure - we'll be
> glad to acknowledge your copyright.
>
> Steve...
--------
I am glad you like it. Use all Museum Security Network
material as much as needed!
TC
------------------------------------
Natural formations accessible, vulnerable
("You'd never go to the Louvre in France and pick away at the Mona Lisa," says Hutchinson at Hovenweep National Monument.)
FORT BENTON, Mont. - Fifty-six miles down the Missouri River from this shove-off point for rafters, the destruction this summer of a famed natural stone arch hit federal land managers with a sledgehammer message:
Even landmarks as sacred as the Eye of the Needle aren't safe from mindless vandals.
With the summer vacation season in full swing, more alarms are going off as unprecedented numbers of adventurers and tourists flock to the USA's recreational lands and national parks, especially here in the West.
Federal rangers and archaeologists are seeing a steady assault on some of the nation's most valuable scenic, historic and prehistoric treasures. It includes both deliberate theft and unintended damage.
In Arizona's Petrified Forest National Park, tourists filch 12 tons of fossilized wood a year. At Wyoming's Yellowstone National Park, some visitors still toss coins and junk into the park's delicate, temperamental geothermal springs, despite repeated warnings. In Utah and Arizona's Glen Canyon National Recreation Area, vandals scrawled obscenities this year on petroglyphs, the rock carvings that ancient native peoples left behind.
Overall, vandalism in the national parks continues to creep higher, from 3,570 incidents in 1991 to 4,356 last year. Other transgressions include archaeological sites unknowingly trampled or intentionally plundered, Civil War battlefield markers broken or stolen and rare reptiles, plants and even butterflies poached for black-market sale.
"It's a wake-up call," Marilyn Nickels of the Bureau of Land Management (BLM) says of the Eye of the Needle destruction.
The agency's 268 million acres of public land include the north-central Montana bluff where unknown culprits pushed the Eye of the Needle, a fragile, 11-foot sandstone arch, over a riverside cliff during the Memorial Day weekend.
"The fact that people were so surprised by the Eye of the Needle incident tells you that people assumed these places that were fairly remote were well-protected," Nickels adds.
Remote? Not when the market is booming for four-wheel-drive sport and all-terrain vehicles (ATVs) that can take recreationists farther and faster into once-deserted backcountry where many natural and archaeological treasures lie.
Well-protected? Not when deep budget cuts for the federal government's principal land agencies - the National Park Service, BLM and the U.S. Forest Service - have left woefully thin staffs to patrol hundreds of millions of acres.
Visits to the BLM's public lands jumped from 51 million in 1994 to 59 million last year. Besides land-use responsibilities, BLM must try to protect 4 million to 5 million archaeological sites and properties.
The Park Service, meanwhile, has 166% more acreage to manage than in 1979, while the ranks of its law-enforcement rangers have shrunk 17%. Not surprisingly, more vandals and thieves go free than are caught and prosecuted.
All three agencies say that most recreational visitors are responsible, careful and ethical. But sheer numbers, plus a few troublemakers, can be disastrous for delicate sites.
"I think most of the folks mean well," says Art Hutchinson, superintendent of Hovenweep National Monument, a loose cluster of prehistoric Indian sites in the Four Corners borderlands of Colorado and Utah. "They just have no idea that every time someone looks under a rock or takes home a few potsherds (pieces of broken pottery), that place is changed. Mostly, it's people kind of loving it to death."
Easier access in four-wheel drives and ATVs is one reason.
"More and more people are finding the backroads," says Hutchinson, who last week saw workers finish paving the last stretch of dirt road between Hovenweep monument and Cortez, Colo., the nearest town.
But well before that, the Park Service asked the American Automobile Association to remove the names of several Hovenweep ruins from the club's popular "Indian Country" travel map to ease the growing visitor pressure.
Range of damage extensive
Across the West, the crimes and misdemeanors are as varied and numerous as the natural and cultural wonders they violate:
Geology. At Petrified Forest, researchers are studying how and why tourists persist in pilfering hunks of 208 million-year-old tree fossils when numerous signs and park staffers repeatedly tell them it's prohibited.
Still more signs confront them a mile before the park exit, warning that cars are subject to inspection. Enough visitors toss their petrified souvenirs out their windows that staffers gather as much as 100 pounds of castoff rock a month from the roadside.
At New Mexico's Carlsbad Caverns, self-guided tours were suspended in popular King's Palace cave because too many tourists were breaking off pieces of cave formations for souvenirs.
Archaeology. In southwestern Colorado's rich artifact belt, vandals in late 1995 dismantled and toppled into a canyon most of a 2-story, 700-year-old stone tower built by Indian villagers at the BLM's "Cannonball" village site. "They didn't take anything. They just tore it down and left," laments agency archaeologist Kristie Arrington.
Worse, ATV users returned this spring and carved three new motor trails through the fragile landscape surrounding the once-isolated site, inviting more invasions.
In northeastern Utah, gang members from the town of Vernal recently spray-painted gang signs and obscenities on a popular petroglyph. And authorities did catch the thieves who stole a 1,500-year-old infant mummy from its burial place in a rock crevice.
Vegetation. In Washington's Olympic National Park, poachers steal ferns and mosses. In Tennessee's Great Smoky Mountains, thieves dig up orchids, trees, shrubs and medicinal roots. At Oregon's Crater Lake, armed poachers compete for mushrooms that sell for hundreds of dollars a pound in Japan.
And in Arizona's Saguaro National Park near Tucson, rustlers with chainsaws steal dead saguaro cactuses whose woody skeletons are prized by landscapers and furniture makers. They are easier to swipe than live saguaros, whose massive bulk and roots make digging up and transplanting a much bigger job.
The value of saguaro skeletons on the black market has doubled in three years to $2,000 or more. The live ones are still vandalism targets, says chief ranger Paula Nasiatka: "It's very common to find people target-shooting at the saguaros. And someone actually put explosives inside a saguaro and blew it up."
Wildlife. Besides illegal hunters who kill big-game animals out of season, black marketeers steal rare reptiles from public lands for a thriving illicit pet trade. Gila monster lizards fetch $4,000 in Europe. Twin-spotted rattlesnakes can bring $5,000.
General vandalism. In central Wyoming, someone uprooted newly installed BLM mileposts on the Mormon Pioneer Historic Trail, just days before a wagon train celebrating the route's 150th anniversary passed through this summer.
River rafters in Colorado's Dinosaur National Monument break into re-creations of ancient tribal sites, even after rangers tell them that archaeologists long ago excavated the sites.
Some of the nature wreckers are greedy pros, like the poachers of animals and cactuses. Some are amateurs who can't resist taking fossil or pottery souvenirs. A few are senseless vandals.
Many just blunder around
But the majority aren't plunderers, they're blunderers. Despite public education campaigns, they may not realize they're trampling fragile landscapes or destroying archaeological clues.
Nancy Coulam, archaeologist at southeastern Utah's Canyonlands and Arches national parks, says the blunderers often have "helpful-visitor syndrome."
Tourists pick up potsherds or arrowheads at a Southwest Indian site and pile them on a rock for others to view. But moving the pieces wipes out the field context that scientists need to solve the site's mysteries. Coulam says some even pile more stones on broken walls to "improve" ancient ruins.
Although Coulam can understand such behavior as benign ignorance, she and other archaeologists have no sympathy for those who trash the petroglyphs and painted pictographs that make the Western outback an outdoor gallery of primitive rock art.
This year, Coulam helped win guilty pleas from two Colorado college students who defaced petroglyphs during a spring-break camp-out last March at Canyonlands' popular Peekaboo formation.
Besides paying repair costs, they'll do community service - cleaning urban graffiti.
"You'd never go to the Louvre in France and pick away at the Mona Lisa," says Hutchinson at Hovenweep National Monument. "Somewhere down the road, we need to look at these sites as American art treasures and not the place for a jungle gym."
By Patrick O'Driscoll, USA TODAY
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FORTHCOMING Third Edition
Law, Ethics and the Visual Arts
by John Henry Merryman and The Late Albert E. Elsen
Law, Ethics and the Visual Arts describes and critically discusses what happens when the art world encounters the law and vice versa. Through a combination of primary source materials, excerpts from professional and art journals and extensive textual notes, this authoritative and comprehensive work presents a thorough analysis of, inter alia: the fate of works of art in wartime; the international trade in stolen and illegally exported cultural property; artistic freedom, censorship and state support for art and artists; copyright, droit moral and droit de suite; collectors and the art market; income and estate taxation; charitable donations of works of art, and; art museums and their collections. The book is unique in its description of the origins and development of major areas of art law and practice, its analysis of international problems, applicable public and private international law and different national approaches to similar problems, and its critical evaluation of the implications of laws, legal decisions and art world practices. This stimulating book is of extraordinary value and is recommended to any art world professional.
"... an outstanding [...] pioneer contribution to the ethical and social problems to which artistic activity in society gives rise and to the ways in which law has been and could be used to achieve their satisfactory solution." review on the second edition, International and Comparative Law Quarterly
Due Sepetember 1997 Hardback approx. 550 pages ISBN 90-411-0697-9
Price: TO BE ANNOUNCED
Information about these publications was provied by:
Marissa Galatis
Kluwer Law International
Product Manager
MarissaG@KluwerLaw.co.uk
Sterling House
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SW1V 1DE London
Tel: +44 (0)171 821 1123
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