Art Law in a Nutshell

Leonard D. DuBoff

Christy A. King

Michael D. Murray, University of Kentucky College of Law

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Outline

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“I am not an attorney, though I’ve been partially trained in the law, have spent several years creating and building a federal-courts historical agency, created exhibits for federal courthouses, and continue to work with federal judges and bar members regularly. More to the point, however, I have curated and continue to curate significant and varied pieces of art — ancient, historical, and contemporary. I have been a museum director for three decades, served on several arts commissions and committees, and managed private collections. I believe that I know enough about art and the law to know when to consult a good book on art law that also includes information on collecting and managing art. Art Law in a Nutshell, by Leonard DuBoff, Christy King, and Michael Murray, is such a book.

There are some books that people who work in the many fields of the arts and humanities—artists, writers, museum directors and trustees, collectors, auctioneers—and the attorneys and consultants who advise them must have at their elbows. Such works include, among many, certain historical tomes, encyclopedias of art, directories of institutions and artists, and legal titles comprehensible to the layperson as well as the lawyer. Such a book is Art Law in a Nutshell. The 6th edition of this invaluable book from West Academic Publishing is evermore packed with advice, instructions, examples, and, yes, wisdom. As a professional in the historical, arts, and museum fields for more than 40 years and the owner, and user, of the previous five editions of Art Law, I will candidly and proudly admit how much I have relied on the book during my career and how often I have recommended (and loaned, and lost!) it to colleagues, supervisors, and employees.

I found the book Art Law in a Nutshell, like a good attorney, to be both a subtle and frank counselor/advisor. In various capacities, I have relied on its advice as I would on a trusted board member or consultant. So, let me suggest some of the ways this book has served me as a manager of collections, as a museum director seeking donations of art and artifacts, as a fundraiser, and as a commissioner of cultural funding agencies. First, as someone who manages an international collection of art and historical materials, I am obliged to be attuned to issues of insurance, authentication, auctions, international and tribal matters, and publicity, just to name some of my professional and this book’s topical concerns. The authors are there with their due warnings as well as practical and applicable advice. Second, as an administrator, I think daily of issues revolving around liabilities, exhibits, copyright, and conflicts. Here, Art Law in a Nutshell serves me like informed and able staff members should, with clarity, perspicacity, and conviction. The chapters on museums and publicity are constantly useful in my work as a collections manager. Third, the book offers cogent advice for those who must raise money for their organizations. Here, topics such as “Art as an Investment,” “Authentication,” “Aid to the Arts,” and “The Working Artist” provide guidance, cautions, and perspective to the individual and organization that must interpret art to the prospective donor and convince him or her of the values of supporting the creation, donation, and exhibition of works of art. Finally, the entire book offers guidance to the commissioner-of-art-and-culture. For several years I served as an arts commissioner and consultant to cultural funding agencies. Art Law in a Nutshell provides advice on procedures and practices for supporting artists and cultural organizations whose applications come before commissions and foundations. The authors’ guidance can safeguard such agencies from the pitfalls of improper documentation and expenditures, while serving as a source for informed trusteeship.

By way of summary and at the risk of seeming tedious—yet as a means of outlining the areas in which Art Law in a Nutshell can serve the artist, collector, and the cultural administrator—consider the range of its topics: International Art, War, Investments, Auctions, Authentication, Insurance, Collecting, Taxation, Support, the Work of Artists, Copyright and Trademark, Moral and Economic Rights, Freedom of Expression, Museums, Publicity. Such are the areas with which people creating artwork and managing art collections must be familiar – at the risk of losing their work, money, rights, and reputations. Therein rests the great value of this small-but-essential book. Perhaps the most personal and professional critique I can offer is this: Art Law in a Nutshell has now reached its 6th edition. I have relied on it as a consultant, collector, writer, curator, and museum director since it was first published nearly four decades ago and the book has stood the test of time.”
—Chet Orloff
Manager, Pamplin International Collection of Art & History
President & Director, Museum of the City
Director Emeritus, Oregon Historical Society
Adj. Professor, Urban Studies & Planning, PSU (ret)
Instructor, School of Architecture, UofO (ret)