Author: Martin Bradley

ISBN: 9781911611998 

Format: Paperback

Extent: Approx 250 pages

Published:  8 November 2024

Art and cultural heritage law is a well-established practice area internationally but still in its infancy in Ireland. With the passing of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, Ireland is poised to accede to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and to ratify the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. There is increasing scrutiny of the provenance of 19th century collections in Irish institutions, in particular ethnographic items. New pressures are being applied to galleries, libraries, archives and museums (‘GLAM’) to fully catalogue their extensive holdings to prevent loss while also being expected to digitise and open access to their material, while ensuring compliance with copyright, GDPR and artists moral rights.

GLAM bodies must also interact with contract law, deposit, loan and gift agreements, tax law and customs and import and export restrictions, while often operating without in-house counsel.

Art and Cultural Heritage Law: A Practical Guide takes a pragmatic approach to explaining legal issues to GLAM professionals, and art and cultural heritage issues to legal practitioners.

Content Includes 

Introduction  

Understanding the Legal framework
Common, Civil, European and International Law
A brief history of Art & Cultural Heritage Law in Ireland
The Historic and Archaeological Heritage and Miscellaneous     Provisions Act 2023

Chapter 1 Copyright and Moral RightsWhat is Copyright?
Copyright Duration
Copyright Exceptions
Moral Rights
Digitisation and Copyright
Digital Lending

Chapter 2 Data Protection, Freedom of Information and Open Data

GDPR
DSARs
Freedom of Information
The Open Data Directive
Responsibilities
Exceptions

Chapter 3 Title

Title and Provenance
Deposits, Gifts and Loans
Civil Recovery of Foreign Objects
Limitation Periods
The UNESCO 1970 Convention
The UNIDROIT 1995 Convention

Chapter 4 Art Crime and Acquisitions

Art Crime and Money Laundering
Heritage Crime and Sentencing
Import and Export Restrictions
Ethics of Acquisition

Chapter 5 Restitution, Repatriation and Deaccession

Ethical and Legal Considerations of Deaccession
Sale and Disposal
Restitution and Repatriation
Human Remains and Ethnological Items
Nazi Era Spoliation

Chapter 6 Contracts

Introduction to Contract Law
Types of Contracts
Deposits, Loan and Gift Agreements
Digitisation and Cataloguing Agreements
Auctions
Authenticity

Chapter 7 Archaeology and Treasure

Sites and National Monuments
Underwater Sites
Listed Buildings and their Contents
Metal Detecting
Treasure
Statutory Reporting
Licensing

Chapter 8 Tax

Tax and Acquisitions
Tax and Acceptance in Lieu
Taxes Consolidation Act 1997, Section 1003
NFTs

Chapter 9 Exports and Loans

Exports and Export Restrictions
Export Licenses and Customs
International Loans
Brexit
Immunity from Seizure

Who Should Buy This Book?
Art and Cultural Heritage Law: A Practical Guide is written with the intention of giving legal guidance to professionals who operate in the galleries, libraries, archives and the museums sector. This is the first publication in Ireland to address the multitude of legal issues that GLAM professionals encounter. This book will also be of great interest to legal professionals working and advising clients in this sector, as well as insurers, auctioneers, gallerists, artists, students, academics and anyone with an interest in the law of art and cultural heritage in Ireland.

About the Author
Martin Bradley is a Barrister-at-Law and a qualified archivist with over 25 years’ experience working in the art and cultural heritage sector.  Martin also holds a Diploma in Art Profession Law and Ethics (DipAPLE) from the Institute of Art & Law.