A Regulatory Framework for the Art Market

A Regulatory Framework for the Art Market
Author: Anna Bolz
Publsiher: Springer Nature
Total Pages: 324
Release: 2022-11-24
Genre: Law
ISBN: 9783031187438

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This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.

Art Cultural Heritage and the Market

Art  Cultural Heritage and the Market
Author: Valentina Vadi,Hildegard E. G. S. Schneider
Publsiher: Springer Science & Business Media
Total Pages: 351
Release: 2014-01-27
Genre: Law
ISBN: 9783642450945

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In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.

Global Perspectives on Cultural Property Crime

Global Perspectives on Cultural Property Crime
Author: Michelle D. Fabiani,Kate Melody Burmon,Saskia Hufnagel
Publsiher: Taylor & Francis
Total Pages: 272
Release: 2022-08-11
Genre: Art
ISBN: 9781000609370

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This book provides transnational insight into cultural property crimes and the cutting-edge work tackling issues ranging from currency crimes to innovative research methods. The volume brings together authors from a number of fields to address contemporary issues and advances in the fight against cultural property crime. It combines the perspectives of law enforcement officials, researchers, journalists, lawyers, and scholars, with specialities in the disciplines of criminology, law, archaeology, museum studies, political science, and economics, from countries all around the globe. This allows for a more comprehensive examination of issues facing these professionals and highlights similarities between the challenges encountered in different disciplines as well as in diverse locations. It seeks to disseminate the most current work in this field from a broad array of viewpoints in order to further facilitate an exchange of ideas and lay the groundwork to inspire future collaborations. Most significantly, it provides more specific suggestions for moving forward that could help assist stakeholders to connect and work directly with each other, despite international borders and discipline-related boundaries. The book will be a valuable resource for researchers, practitioners, and policymakers working in the area of cultural property crime.

The Alternative Investment Fund Managers Directive

The Alternative Investment Fund Managers Directive
Author: Dirk A. Zetzsche
Publsiher: Kluwer Law International B.V.
Total Pages: 948
Release: 2015-09-14
Genre: Law
ISBN: 9789041149954

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Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

Aspects Juridiques Du Commerce International de L art

Aspects Juridiques Du Commerce International de L art
Author: Martine Briat
Publsiher: Springer
Total Pages: 456
Release: 1993-11-26
Genre: Law
ISBN: UOM:35112200263012

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Subjects in this volume include: The Regulatory Framework for the Free International Circulation of Objects of Art Rights of Artists and Circulation of Works of Art Certificates of Authenticity and Expert's Certificates

Private International Law Art and Cultural Heritage

Private International Law  Art and Cultural Heritage
Author: Christa Roodt
Publsiher: Edward Elgar Publishing
Total Pages: 416
Release: 2015-04-30
Genre: Law
ISBN: 9781781002162

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In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

Pioneers of the Global Art Market

Pioneers of the Global Art Market
Author: Christel H. Force
Publsiher: Bloomsbury Publishing USA
Total Pages: 315
Release: 2020-11-26
Genre: Antiques & Collectibles
ISBN: 9781501342783

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By the turn of the twentieth century, Paris was the capital of the art world. While this is usually understood to mean that Paris was the center of art production and trading, this book examines a phenomenon that has received little attention thus far: Paris-based dealers relied on an ever-expanding international network of peers. Many of the city's galleries capitalized on foreign collectors' interest by expanding globally and proactively cultivating transnational alliances. If the French capital drew artists from around the world-from Cassatt to Picasso-the contemporary-art market was international in scope. Art dealers deliberately tapped into a growing pool of discerning collectors in northern and eastern Europe, the UK, and the USA. International trade was rendered not just desirable but necessary by the devastating effects of wars, revolutions, currency devaluation and market crashes which stalled collecting in Europe. Pioneers of the Global Art Market assembles original scholarship based on a close inspection of and fresh perspective on extant dealer records. It caters to an amplified curiosity concerning the emergence and workings of our unprecedented contemporary-centric and global art market. This anthology fills a significant gap in the expanding field of art market studies by addressing how, initially, contemporary art, which is now known as historical modernism, made its way into collections: who validated what by promoting and selling it, where, and how. It includes unpublished material, concrete examples, bibliographical and archival references, and should appeal to academics, curators, educators, dealers, collectors, artists and art lovers alike. It celebrates the modern art dealer as transnational impresario, the global reach of the modern-art market, and the impact of traders on the history of collecting, and ultimately on the history of art.

Risk and Uncertainty in the Art World

Risk and Uncertainty in the Art World
Author: Anna M. Dempster
Publsiher: A&C Black
Total Pages: 305
Release: 2014-04-10
Genre: Business & Economics
ISBN: 9781472902917

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This edited book offers the first complete overview of risk in the art market by bringing together contributions from a wide range of international thought-leaders on the topic – both practitioners and leading scholars who investigate the specific types of uncertainty that exist in the art market as well as the dominant models used to manage the risks. An essential read for both art world practitioners, as well as scholars and students, Risk and Uncertainty in the Art Market elucidates the dynamics and unique qualities of the art market as well as developing insights relevant to other sectors, including sociology, business and management, economics and finance.