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The IBA’s response to the war in Ukraine
Co-Chair
Olivier De Baecque
Co-Chair
Angell Xi
Art, Cultural Institutions and Heritage Law Committee
This committee is concerned with all aspects of law as it relates to art, artists, and cultural heritage in the broadest context. 'Art law' is an interdisciplinary field involving tax, commercial transactions, intellectual property and private and public international law.
About the Committee
The Committee on Art, Cultural Institutions and Heritage Law is concerned with all aspects of law as it relates to art, artists, and cultural heritage in the broadest context. This extends from archaeology and the protection of ancient monuments to national heritage and public and private collections to the art trade and contemporary art. 'Art law' is an interdisciplinary field involving tax (individual estates and charities), commercial transactions, intellectual property in all aspects and private and public international law.
Membership
With a membership encompassing more than 58 different countries and lawyers active in representing auction houses, museums, artists and their estates, collectors, galleries, governments in the protection of cultural heritage, and dealers in antiquities, the Committee is an ideal forum to encourage and facilitate communications among art lawyers and other legal professionals about issues concerning all aspects of the law relating to the art market, international transactions in works of art, cultural property laws and museums.
As the foremost international committee of art lawyers, members are often invited to comment on international art and cultural property issues, including discussions on international treaties such as the UNIDROIT Treaty on Cultural Property, various UNESCO conventions, WIPO initiated discussions and other treaties which affect the international trade in art and cultural property. The committee's goal is to establish a worldwide network of art and cultural property lawyers with information and discussion links to relevant NGOs, institutes of art law, and governmental organisations.
Publications
New York museums to display the history of Nazi-looted artworks
According to the new legislation, New York museums that display artworks once stolen during the Nazi era in Europe are now required to label these works acknowledging that information. This article discusses this legislation.
Released on Nov 07, 2022
International humanitarian law and the protection of cultural property – an overview
The protection of cultural property is crucial to the preservation of civilisations’ historical experiences. An articulation of this ethos in conjunction with the development of principles, such as military necessity, assist in understanding how and why the rules governing the protection of cultural property in times of armed conflict may be regarded as part of international humanitarian law.
Released on Oct 10, 2022
Restitution in the UK: developments in law and practice
National institutions whose powers of restitution are bound by statute face increasing pressure to seek and utilise legislative loopholes to return contested objects, while high-profile figures have questioned whether existing legislation is still fit for purpose. Though such changes are not immediately anticipated, the incoming Charities Act 2022 will give museum trustees greater powers to make ex gratia returns of objects.
Released on Oct 10, 2022
Copyright and freedom of expression
On 31 March 2022, the Judicial Court of Nanterre in France issued a decision according to which ‘in the absence of disproportionate infringement’, the right to inform is more important than the copyright.
Released on Oct 10, 2022