Visual Arts and the Law: a Bibliography, Part II Gail I

Home , Graphic Artists Guild, Hutchinson (publisher)

Hastings Communications and Entertainment Law Journal

Volume 10 | Number 3 Article 6

1-1-1988 Visual Arts and the Law: A Bibliography, Part II Gail I. Winson

Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons

Recommended Citation Gail I. Winson, Visual Arts and the Law: A Bibliography, Part II, 10 Hastings Comm. & Ent. L.J. 885 (1988). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol10/iss3/6

This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Visual Arts and the Law: A Bibliography, Part II

by GAIL I. WINSON*

Contents I. BOOK S ...... 886 A. General ...... 886 B. Aid to the Arts ...... 889 C. Art as an Investment ...... 890 D. Artists ...... 890 E. Artists' Contracts ...... 890 F. Artists' Handbooks ...... 891 G. Auctions ...... 893 H. Bibliographies ...... 893 I. Copyright ...... 894 J. Cultural Policy ...... 894 K. First Amendment Issues ...... 896 L. Forgeries, Fakes, and Frauds ...... 896 M. International Movement of Art ...... 898 N. Legislation ...... 899 0. Moral Rights ...... 900 P. Museums ...... 900 Q. Nonprofit Organizations ...... 901 R. Taxation ...... 902 S. Theft ...... 903 II. LEGAL INSTITUTE PROGRAM MATERIALS .... 904 A. ABA Forum Committee on Entertainment and Sports Law ...... 904 B. ALI-ABA Committee on Continuing Professional Education ...... 904

B.A., Moravian College, 1966; M.S., Drexel University, 1971; J.D., University of Florida, 1979; Member of the Florida Bar and the State Bar of California; Adjunct Assistant Professor of Law and Associate Law Librarian, Hastings College of the Law. The author wishes to thank the following students: Laurence Andrews, second- year student, for his research assistance on Part II of the bibliography, Joseph Bochner, second-year student, Jan Van Dusen, third-year student, and Marjorie O'Toole, 1987 graduate, for their research assistance on Part I of the bibiliography, published in Volume 10.2 of COMM/ENT. HASTINGS COMM/ENT L. J. [Vol. 10:885

C. M iscellaneous ...... 905 D. Practising Law Institute ...... 905 III. SELECTED U.S. DOCUMENTS ...... 907 A. Abandoned Shipwrecks ...... 907 B. Artists' Rights ...... 909 C. Berne Convention ...... 909 D. Cultural Property ...... 910 E. Federal Aid to the Arts ...... 911 F. Taxation ...... 914 G. UNESCO Convention ...... 914 H. War Treasures ...... , ...... 916 I. W ork for Hire ...... 918 I. BOOKS A. General Adams, Laurie. Art on TriaL" From Whistler to Rothko. New York: Walker, 1976. 236 pp. Includes bibliographical references. Arnold-Baker, Charles. PracticalLaw for Arts Ad- ministrators. Eastbourne, E. Sussex, Eng.: John Offord Publishers, 1983. 200 pp. Cochrane, Diane. This Business of Art New York: Watson-Guptill Publications, 1978. 256 pp. Bibliog- raphy: p. 249. Crawford, Tad. Legal Guide for the Visual Artist. Rev. ed. New York: Madison Square Press, 1987. 213 pp. Bibliography: p. 205. Written for the artist; covers all aspects of the business of creating and marketing works of art, including copyright, moral rights, sales of original art, dealings with galleries, agents and museums, and taxation. Includes model forms and agreements throughout. DuBoff, Leonard D. Art Law in a Nutshell. St. Paul, Minn.: West Publishing Co., 1984. 335 pp. CON- TENTS: Art: The Customs Definition; Art: Inter- national Movement; Art: The Victim of War; Art as an Investment; Auctions; Authentication; Insur- ance; Tax Problems; Collectors and Dealers; The Working Artist; Aid to the Arts; Tax Problems; Artists; Copyright; Moral and Economic Rights; Freedom of Expression; Museums. DuBoff, Leonard D. The Deskbook of Art Law. Wash- 1988] VISUAL ARTS AND THE LAW

ington, D.C.: Federal Publications, 1977. 1345 pp. Bibliography: pp. 1279-312. 1984 Supplement. [1703 pp.] Bibliography: [6 pp.]. DuBoff, Leonard D., Domestic and International South Hackensack, N.J.: Rothman, 1975. 627 pp. Includes bibliographical references. A compilation of material presented by thirty-two scholars at a two-day conference sponsored by the National En- dowment for the Arts, the American Society of In- ternational Law, the Oregon Arts Commission, Northwestern School of Law of Lewis and Clark College, and Oregon Volunteer Lawyers for the Arts. The conference, held in March, 1974, covered "counseling the artist," "international law and the arts," and "the authentication of art." Duffy, Robert E. Art Law RepresentingArtists, Deal- ers, and Collectors. New York: Practising Law In- stitute, 1977. 517 pp. CONTENTS: Commercial Transactions in Fine Art; Auctions; The Artist and Copyright; Tax Problems of Artists; Artists' Royal- ties; Artists' Moral Rights; The Artists and the First Amendment; Preservation and International Transport of Art and Cultural Property; Dealing in Fine Art; The Art Collector; Public Support for the Arts. Entertainment,Publishing and the Arts Handbook. New York: Clark Boardman, 1983. Annual. Feldman, Franklin; Stephen E. Weil, and Susan Duke Biederman. Art Law: Rights and Liabilities of Cre- ators and Collectors. Boston, Mass.: Little, Brown, 1986. 2 vols. 1410 pp. Bibliography: vol. 2, pp. 717-21. Successor to Art Works: Law, Policy, Practice. CONTENTS: Volume 1: The Right of Expression; Reproduction Rights; Relationships with Art Deal- ers; Commissioned Works; Moral Right; Other Leg- islation Protective of Artists; The Artist's Estate. Volume 2: Private Sales; Public Sales; Claims by Third Parties; Claims against Third Parties; Chari- table Contributions; Art as a "Collectible" Asset. Hodes, Scott. Legal Rights in the Art and Collectors' Worl Legal Almanac Series, No. 56. Dobbs Ferry, HASTINGS COMM/ENT L. J. [Vol. 10:885

N.Y.: Oceana Publications, 1986. 149 pp. Includes forms. CONTENTS: Commercial Art Transaction; Art Forgery; Legal Invasions of Rights; Copyright Protections; Tax Planning and the Artist; The Art Collector and Taxes; Insurance Matters; Interna- tional Movement of Art. Hodes, Scott, foreword by Harold Haydon. What Every Artist and Collector Should Know About the Law. New York: Dutton, 1974. 268 pp. Forms: pp. 189-265. Law & The Arts-Art & The Law. Tem Horwitz, ed., (and Timothy Patenode, assn't ed.) Chicago, Ill.: Lawyers for the Creative Arts, 1979. 228 pp. In- cludes bibliographical references. INCLUDES: "Visual Arts & The Law," by Clarence S. Wilson, Jr., pp. 82-116. Merryman, John Henry and Albert E. Elsen. Law, Ethics, and the Visual Arts. 2d ed. Philadelphia, Pa.: University of Pennsylvania Press, 1987. 2 vols. 756 pp. A collection of cases and materials. Read- ings include excerpts from such varied sources as legislative documents, law review articles and un- published papers. CONTENTS: Volume 1: Plun- der, destruction, and reparations; The Illicit International Trade in Art: Who Owns the Past?; The Artist's Rights in the Work of Art; Artistic Freedom and Its Limitation. Volume 2: The Artist and the Real World; The Collector; Museums. Merryman, John Henry and Albert E. Elsen. Law, Ethics, and the Visual Arts. Cases and Materials. New York: Mathew Bender, 1979. 2 vols. looseleaf. Bibliography: vol. 1. Although superseded for the most part by Law, Ethics, and the Visual Arts (2d ed., 1987), by the same authors, this edition contains some material omitted from the later edition. Milrad, Aaron and Ella Agnew. The Art World: Law, Business & Practicein Canada.Toronto; New York: Merritt Publishing, 1980. 204 pp. Norwick, Kenneth P. and Jerry Simon Chasen with Henry R. Kaufman. The Rights of Authors and Art- ists: The Basic ACLU Guide to the Legal Rights of 1988] VISUAL ARTS AND THE LAW Authors and Artists. An American Civil Liberties Union Handbook. Toronto; New York: Bantam Books, 1984. 208 pp. Includes bibliographical references. Simpson, Shane. The Visual Artist and the Law. Syd- ney, Austl.: Law Book Co., 1982. 182 pp. Bibliogra- phy: pp. 169-73. The Visual Artist and the Law. Rev. ed. Praeger Spe- cial Studies in U.S. Economic, Social, and Political Issues. Arts Law Study, No. 1. New York: Praeger Publishers, 1974. 87 pp. Includes bibliographical references. B. Aid to the Arts Feld, Alan L., Michael O'Hare and J. Mark Davidson Schuster. Patrons Despite Themselves: Taxpayers and Arts Policy. A Twentieth Century Fund Re- port. New York: New York University Press, 1983. 263 pp. Hendon, William S., Lames L. Shanahan and Alice J. MacDonald., eds. Economic Policy for the Arts. Cambridge, Mass: Abt Books, 1980. 390 pp. In- cludes bibliographical references. Based on the proceedings of an international conference held in Edinburgh, Scotland, Aug. 8-10, 1979. Larson, Gary 0. The Reluctant Patron: The United States Government and the Arts, 1943-1965. Phila- delphia, Pa.: University of Pennsylvania Press, 1983. 314 pp. Bibliography: pp. 275-96. McKinzie, Richard D. The New Deal for Artists. Princeton, N.J.: Princeton University Press, 1973. 203 pp. Includes bibliographical references. Mooney, Michael M. The Ministry of Culture: Con- nections Among Art, Money and Politics. New York: Wyndham Books, 1980. 427 pp. Netzer, Dick. The Subsidized Muse: Public Support for the Arts in the United States. A Twentieth Cen- tury Fund Study. New York: Cambridge Univer- sity Press, 1980. 289 pp. Bibliography: pp. 264-80. White, Virginia P. Grants for the Arts. New York: Plenum Press, 1980. 360 pp. HASTINGS COMM/ENT L. J. [Vol. 10:885

C. Art as an Investment Kaufman, Joshua J. The Art of Investing in Art- A Guide to the Basics of Art Investment. Rev. ed. 2d printing. Washington, D.C.: Lawyers Committee for the Arts, 1981. 24 pp. Persky, Robert S. The Artnews Guide to Tax Benefits for Collectors, Dealers and Investors. New York: ARTnews Press; The Consultant Press, 1987. 1 vol. (various paging). Bibliography: p. 12.1. D. Artists Artist Employment and Unemployment, 1971-1980. National Endowment for the Arts Research Divi- sion Reports, No. 16. New York: Publishing Center for Cultural Resources, 1982. 43 pp. Artists Live/Work Space: Changing Public Policy. San Francisco, Cal.: Artists Equity Association Northern California Chapter, 1981. 143 pp. Bibliog- raphy: pp. 139-43. Haase, H. M. J. M. The Mobility of Cultural Workers Within the Community: Study CarriedOut for the Commission of the European Communities. Cul- tural Matters Series, No. 1. Brussels: Commission of the European Communities, 1975. 98 pp. Includes bibliographical references. Willkie Farr & Gallagher. Special Space: A Guide to Artists' Housing and Loft Living. New York: Vol- unteer Lawyers for the Arts, 1981. 157 pp. Includes bibliographical references. Prepared for the Volun- teer Lawyers for the Arts. E. Artists' Contracts Commissioning Visual Art: A Guide for Artists and Patrons. Edmonton, Alta., Can.: Alberta Culture, 1984. 144 pp. Bibliography: pp. 142-43. Crawford, Tad and Susan Mellon. The Artist-Gallery Partnership: A Practical Guide to Consignment. New York: American Council for the Arts, 1981. 76 pp. Bibliography: pp. 70-71. Gignilliat, William R., III. Contractsfor Artists. At- lanta, Ga.: Words of Art, 1983. 241 pp. Bibliography: p. 241. 1988] VISUAL ARTS AND THE LAW

Glasser, Hannelore. Artists' Contracts of the Early Renaissance.Outstanding Dissertations in the Fine Arts. New York: Garland Publishing, 1977. 417 pp. (49 leaves of plates). Bibliography: pp. 393-409. In English, with related documents in Italian; originally presented as the author's thesis, Columbia University, 1965. Guide to Artist-Gallery Agreements. Philadelphia, Pa.: Philadelphia Volunteer Lawyers for the Arts and Lawyers for the Arts Committee, Young Law- yers Section of the Philadelphia Bar Association, 1981. 15 pp. Leland, Caryn R. The Art Law Primer. New York: Foundation for the Community of Artists, 1981. 32 pp- Stone, Norman H. An Introduction to Contractsfor the Visual Artist. San Francisco: Bay Area Law- yers for the Arts, 1979. 34 pp. Bibliography: pp. 30- 31. F. Artists' Handbooks Caldwell, John W. Artist's Guide to Copyright,Patent & Trade Secret Law. Philadelphia, Pa.: Philadel- phia Volunteer Lawyers for the Arts, 1985. 45 pp. The Business of Art. (Lee Evan Caplin, ed.) Engle- wood Cliffs, N.J.: Prentice-Hall, in cooperation with the National Endowment for the Arts, 1982. 383 pp. Artist's Market, 1988: Where to Sell Your Graphic Art. (Susan Connor, ed.) Cincinnati, Ohio: Writers Digest Books, 1987. 600 pp. Protecting Your Heirs & Creative Works: An Estate PlanningGuide to Artists, Authors, Composers and Other Creators of Artistic Works. (Tad Crawford, ed.) New York: Graphic Artists Guild, 1980. 45 pp. Crawford, Tad. The Visual Artist's Guide to the New Copyright Law. New York: Graphic Artists Guild, 1978. 63 pp. Du Vernet, Christopher. Photography and the Law. Self-Counsel Series. North Vancouver, B.C., Can.: International Self Counsel Press, 1986. 150 pp. HASTINGS COMM/ENT L. J. [Vol. 10:885

Freedman, Robert B. Basic Law for the Artist. Arts Law Guide, No. 1. San Francisco, Cal.: Bay Area Lawyers for the Arts, 1975. 39 pp. Goodwin, John R. Legal Primer for Artists and Crafts Persons. Columbus, Ohio: Publishing Hori- zons, 1986. 176 pp. Includes bibliographical references. Graphic Artists Guild. Pricing & Ethical Guidelines. 5th ed. Graphic Artists Guild Handbook. New York: Graphic Artists Guild; distributed by Robert Silver Associates, 1984. 194 pp. Koch, Harry Walter. CaliforniaLaw for the Visual Arts. San Francisco, Cal.: Ken Books, 1983. 81 pp. Includes forms. Legal Guide for Emerging Artists. Philadelphia, Pa.: Philadelphia Volunteer Lawyers for the Arts, 1981. 38 pp. Lower, Robert C. and Jeffrey E. Young. An Artist's Handbook on Copyright. Atlanta, Ga.: Georgia Vol- unteer Lawyers for the Arts, 1981. 90 pp. Missman, Carla. The Art of Filing:A Tax Workbook for Visual, Performing,Literary Artists and Other Self-Employed Professionals. St. Paul, Minn.: United Arts, 1985. 88 pp. Includes supplement for filing 1986 return, with sample forms. Money for Artists: A Guide to Grants and Awards for Individual Artists. (Rebecca Lewis and Rita K. Roosevelt, eds.) New York: American Council for the Arts, 1987. 250 pp. Price, Monroe E. and Hamish Sandison. A Guide to the California Resale Royalties Act Arts Law Guide, No. 7. Los Angeles, Cal.: Advocates for the Arts; UCLA School of Law; and Bay Area Lawyers for the Arts, 1976. 36 pp. Singer, Lawrence. Contracts and Copyright:A Hand- book for Visual Artists. Washington, D.C.: D.C. Slide Registry of Artists, Inc., 1982. 21 pp. Pre- pared for the D.C. Slide Registry of Artists, Inc. Sutton, Samuel J. Copyright Law: A Primerfor the Literary and Visual Arts. Phoenix, Ariz.: Arizona 1988] VISUAL ARTS AND THE LAW

Commission for the Arts and Humanities, 1977. 58 leaves. To Be Or Not To Be: An Artist's Guide to Not-For- Profit Incorporation. New York: Volunteer Law- yers for the Arts, 1986. 12 pp. The Visual Artist's Manual: A Practical Guide to Your Career. (Susan A. Grode and David Paul Steiner, eds. and comps.) Garden City, N.Y.: Doubleday Arts, 1981. 303 pp. Bibliography: p. 285- 303. Sponsored by The Beverly Hills Bar Associa- tion Barristers Committee for the Arts in conjunc- tion with The University of Southern California Visual Arts Program, College of Continuing Educa- tion. Distributed at the Fourth Annual Artists Symposium: For Visual Artists, at the University of Southern California, Nov. 14, 1981, Chairperson, Susan A. Grode. G. Auctions Hogrefe, Jeffrey. "Wholly Unacceptable". The Bitter Battle for Sotheby's. New York: Morrow, 1986. 238 pP. H. Bibliographies Art and The Law: An Exhibit and Publicationin Cel- ebration of the Centennial of the University of Texas, 1883-1983. Legal Bibliography Series/Tarl- ton Law Library, University of Texas, No. 26. Aus- tin, Tex.: University of Texas School of Law, 1983. Tex.: (34 leaves). Brandow, Wendy Waldron. Law and Fine Art: A Se- lected Bibliography. The John Marshall Law School Library Publication Series, No. 3. Chicago, Ill.: John Marshall Law School Library, 1984. 59 pp. Kase, Francis J. Designs. A Guide to Official Litera- ture on Design Protection. Leyden; Dobbs Ferry, N.Y.: A. W. Sijthoff; Oceana Publications, 1975. 411 pp. Mott, Kelsy Martin. Bibliography on Design Protec- tion Supplement 1976. Washington, D.C.: Library of Congress, 1976. 258 pp. HASTINGS COMM/ENT L. J. [Vol. 10:885

I. Copyright Berne Convention for the Protection of Literary and Artistic Works, From 1886 To 1986. World Intellec- tual Property Organization Publication, No. 877(E). Geneva: International Bureau of Intellectual Prop- erty, 1986. 241 pp. INCLUDES: "The First Hun- dred Years of the Berne Convention for the Protection of Literary and Artistic Works," by Arpad Bogsch, pp. 11-80. Includes original and re- vised texts of the Convention, and reports of various Diplomatic Conferences. Guide to the Berne Convention for the Protection of Literary and Artistic Works (ParisAct, 1971). Ge- neva: World Intellectual Property Organization, 1978. 229 pp. Nimmer, Melville B. Legal Rights of the Artist. Los Angeles, Cal.: University of California, School of Law, 1971. (Various pagings). Whicher, John F. The Creative Arts and the Judicial Process: Four Variations on a Legal Theme. New York: Federal Legal Publications, 1965. 252 pp. In- cludes bibliographical references. CONTENTS: Moral Right Revisited; Originality, Cartography, and Copyright; The Case of the Horror Monsters; The Ghost of Donaldson v. Beckett. J. Cultural Policy The Arts and Public Policy in the United States. En- glewood Cliffs, N.J.: Prentice-Hall, 1984. 185 pp. Background papers for a meeting convened by the American Assembly at Arden House, Harriman, N.Y., May 31-June 3, 1984. Berman, Ronald. Culture and Politics. Lanham, Md.: University Press of America, 1984. 172 pp. Dubin, Steven C. Bureaucratizing the Muse: Public Funds and the Cultural Worker. Chicago, Ill.: Uni- versity of Chicago Press, 1987. 226 pp. Includes bibliographical references. Economics of Cultural Decisions. (William S. Hen- don and James L. Shanahan, eds., with an introduction by Alan Peacock.) Cambridge, Mass.: Abt 1988] VISUAL ARTS AND THE LAW

Books, 1984. 229 pp. Includes bibliographical references. Green, Dennis. Percentfor Art: New Legislation Can Integrate Art and Architecture. Denver, Colo.: Western States Arts Foundation, 1976. 74 pp. Green, Michael and Michael Wilding, in consultation with Richard Hoggart. Cultural Policy in Great Britain. Studies and Documents on Cultural Poli- cies, No. 7. Paris: UNESCO, 1970. 62 pp. Includes bibliographical references. Harris, John S. Government Patronageof the Arts in Great Britain. Chicago, Ill.: University of Chicago Press, 1970. 341 pp. Includes bibliographical references. Jenkins, Hugh. The Culture Gap. An Experience of Government and the Arts. London, Eng.; Boston, Mass.: Marion Boyars, 1979. 271 pp. Includes bibliographical references. Kreisberg, Luisa and Kathleen Zaborowski-Gupta. Local Government and the Arts. New York: Ameri- can Council for the Arts, 1979. 271 pp. Bibliogra- phy: pp. 259-64. McDonald, William F. FederalRelief Administration and the Arts: The Origins and Administrative His- tory of the Arts Projects of the Works ProgressAd- ministration. Columbus, Ohio: Ohio State University Press, 1969. 869 pp. Includes bibliographical references. Minihan, Janet. The Nationalizationof Culture: The Development of State Subsidies to the Arts in Great Britain. New York: New York University Press, 1977. 276 pp. Bibliography: pp. 251-65. The Patron State: Government and the Arts in Eu- rope, North America, and Japan. (Milton C. Cum- mings, Jr. and Richard S. Katz, eds.) New York: Oxford University Press, 1987. 368 pp. Includes bibliographical references. Pearson, Nicholas M. The State and the Visual Arts: A Discussion of State Intervention in the Visual Arts in Britain, 1760-1981. Milton Keynes, Eng.: HASTINGS COMM/ENT L. J. [Vol. 10:885

Open University Press, 1982. 128 pp. Bibliography: pp. 118-26. Public Ar4 Public Controversy: The Tilted Arc on Trial (Sherrill Jordan, ed.) New York: American Council for the Arts, 1987. 250 pp. Public Policy and the Arts. Special Studies in Public Policy and Public Systems Management. (Kevin V. Mulcahy and Richard C. Swaim, eds.) Boulder, Colo.: Westview Press, 1982. 332 pp. (Includes bibliographical references.). Ritterbush, Philip C. Cultural Policy in the United States. Washington, D.C.: Institute for Cultural Progress (order from New York, Publishing Center for Cultural Resources), 1982. 137 pp. Bibliography: pp. 126-31. Scott, Mel. The States and the Arts; the California Arts Commission and the Emerging Federal-State Partnership.Berkeley, Cal.: University of Califor- nia Institute of Governmental Studies, 1971. 129 pp. Bibliography: pp. 127-29. The State and the Arts. (John Pick, eds.) Eastbourne, East Sussex, Eng.: John Offord Publications, 1980. 160 pp. Includes bibliographical references. Tax Policy and Private Support for the Arts in the United States, Canada,and Great Britain. (Hamish R. Sandison and Jennifer Williams, eds.) Washing- ton, D.C.: British American Arts Association (U.S.) in co-operation with the British American Arts As- sociation (U.K.), London, 1981. 101 pp. Bibliogra- phy: pp. 92-93. Woodcock, George. Strange Bedfellows: The State and the Arts in Canada. Vancouver, B.C., Can.: Douglas & McIntyre, 1985. 207 pp. Bibliography: pp. 196-200. K. First Amendment Issues Carmilly-Weinberger, Moshe. Fearof Art: Censorship and Freedom of Expression in Art. New York: Bowker, 1986. 249 pp. Bibliography: pp. 215-34. L. Forgeries, Fakes, and Frauds Aspects of Art Forgery: Papers Read by H. Van de Waal (Leiden), T Wuertenberger (FreiburgL Br.), 1988] VISUAL ARTS AND THE LAW

and W. Froenies (Leiden) at a Symposium Organ- ized by the Institute of Criminal Law and Crimi- nology of the University of Leiden. The Hague: Martinus Nijhoff, 1962. 53 pp. Broaden, James. An Inquiry into the Authenticity of Various Pictures and Prints, Which, from the De- cease of the Poet to Our Own Times, Have Been Of- fered for the Public as Portraitsof Shakespeare. London: printed for Robert Triphook, 1824. 143 pp. Fakes and Forgeries.Minneapolis, Minn.: Institute of Arts, 1973. 272 pp. Bibliography: pp. 264-70. Cata- logue of an exhibition, July 11-September 29, 1973. Faking It. An InternationalBibliography of Art and Literary Forgeries, 1949-1986. (James Koobatian comp.) Washington, D.C.: Special Libraries Associ- ation, 1987. 240 pp. Fleming, Stuart James. Authenticity in Art. The Sci- entific Detection of Forgery. New York: Crane, Russack, 1975. 164 pp. Bibliography: pp. 155-57. The Forger'sArt. Forgery and the Philosophy of Art. (Dennis Dutton, ed.) Berkeley, Cal.: University of California Press, 1983. 276 pp. Bibliography: pp. 265-72. Forgery in Art and the Law. (Leo M. Drachsler and Harry Torczyner, eds.) New York: Federal Legal Publications, 1956. 61 pp. A symposium held under the auspices of the Federal Bar Association of New York, New Jersey and Connecticut. Goodrich, David L. Art Fakes in America. New York: Viking Press, 1973. 246 pp. Bibliography: pp. 225-35. Haywood, Ian. Faking It: Art and the Politics of For- gery. Brighton, Sussex, Eng.: Harvester Press, 1987. 154 pp. Bibliography: pp. 144-50. Irving, Clifford. Fake.: The Story of Elmyr de Hory, The Greatest Art Forger of Our Time. New York: McGraw-Hill, 1969. 243 pp. Jeppson, Lawrence. The Fabulous Frauds: Fascinat- ing Tales of Great Art Forgeries. New York: Weybright and Talley, 1970. 338 pp. Bibliography: pp. 320-25. HASTINGS COMM/ENT L. J. [Vol. 10:885

Keating, Tom F. The Fake's Progress:Being the Cau- tionary History of the Master Painter& Simulator Mr. Tom Keating as Recounted with the Utmost Candour & Without Fear or Favour to Mr. Frank Norman: Together with a Dissertation Upon the Trafftc in Works of Art by Mrs. GeraldineNorman [Entitled Art Trading and Art Faking]. London: Hutchinson, 1977. 272 pp. Keating, Tom F. The Tom Keating Catalogue: Illus- trations to the Fake's Progress. London: Hutchin- son, 1977. 104 pp. Edited and with an introduction by Geraldine Norman. Includes drawings by Keat- ing and drawings imitated by Keating. Kurz, Otto. Fakes. 2d rev. ed. New York: Dover Publi- cations, 1967. 348 pp.. Original edition was. published in 1948 by Yale'University Press. This edition contains an Appendix with information per- taining to forgeries which became known after 1948. Lagrange, Francis, with William Murray. Flag on Devil's Island Garden City, N.Y.: Doubleday, 1961. 238 pp. Marijnissen, Roger H. Paintings: Genuine, Fraud, Fake: Modern Methods of Examining Paintings. Brussels; Westport, Conn.: Elsevier; distributed in North America by Greenwood Press, 1985. 415 pp. Bibliography: pp. 399-408. Mills, John FitzMaurice and John M. Mansfield. The Genuine Article: The Making and Unmasking of Fakes and Forgeries. New York: Universe Books, 1982. 240 pp. Reprint. Originally published: London, British Broadcasting Corp., 1979. Stein, Anne-Marie, as told to George Carpozi, Jr.. Three PicassosBefore Breakfast: Memoirs of an Art Forger's Wife. New York: Hawthorn Books, 1973. 192 pp. Wright, Christopher. The Art of the Forger. New York: Dodd, Mead, 1985. 160 pp. M. International Movement of Art Bator, Paul M. The InternationalTrade in Art. Chi- cago, Ill.: University of Chicago Press, 1983. 108 pp. 1988] VISUAL ARTS AND THE LAW

Includes bibliographical references. Originally published as "An Essay on the International Trade in Art" in 34 Stanford Law Review 275-384 (1982). Burnham, Bonnie. The Art Crisis. London: Collins, 1975. 256 pp. Includes bibliographical references. Cameron, Duncan F. An Introduction to the Cultural PropertyExport and Import Act. A Report. Rev. ed. Ottowa, Can.: Department of the Secretary of State, 1977. 89 pp. Prepared for Arts and Culture Branch, Department of the Secretary of State, Gov- ernment of Canada. InternationalLegal Protection of Cultural Property: Proceedings of the Thirteenth Colloquy on Euro- pean Law, Delphi, 20-22 September 1983. Stras- bourg: Council of Europe, 1984. 151 pp. Includes bibliographical references. Meyer, Karl E. The PlunderedPast. New York: Athe- neum Publishers; distributed by Riverside Distri- bution Center, 1973. 353 pp. Bibliography: pp. 315- 37. The Protection of Movable Cultural Property: Com- pendium of Legislative Texts. Paris: UNESCO, 1984, 2 vols. Translation of: Protection du pa- trimoine culturel mobilier. Prepared by Hanna Saba, with the assistance of Nabil G. Salambe. Volynskifi, Leonid. Seven Days. Moscow: Progress Publishers, 1979. 111 pp. (28 leaves of plates). In- cludes bibliographical references. Translated from the Russian by Ronald Vroon. Williams, Sharon A. Internationaland National Pro- tection of Movable Cultural Property: A Compara- tive Study. Dobbs Ferry, N.Y.: Oceana Publications, 1978. 302 pp. Includes bibliographical references. N. Legislation Arts and the States: A Report of the Arts Task Force, National Conference of State Legislatures. (Larry Briskin comp.) Denver, Colo.: National Conference of State Legislatures, 1981. 96 pp. Knoll, Alfred P. and Hamish Sandison. Artists & Gal- leries: A Guide to the New CaliforniaArtist-Dealer Relations Law. Arts Law Guide, No. 4. San Fran- HASTINGS COMM/ENT L. J. [Vol. 10:885

cisco, Cal.: Bay Area Lawyers for the Arts, 1975. 30 pp. Legislative Masterpieces:A Guide to CaliforniaArts Legislation. San Francisco, Cal.: Bay Area Lawyers for the Arts, 1980. 32 pp. Covers legislation on resale royalties, artist-dealer relationship, fine prints, housing, income tax deductions, and art preservation. Zimmerman, Agnes and Anthony J. Radich. Arts and the States Update 1984. Denver, Colo.: National Conference of State Legislatures, 1984. 47 pp. Pro- duced for the Arts, Tourism and Cultural Re- sources Committee of the National Conference of State Legislatures, Senator Stanley Aronoff, Chairman. 0. Moral Rights Shingleton, A. Bradley, David H. Conaway, and Mark S. Thomas. Artists'MoralRights in Their Works of Art: An Introductory Study. Raleigh, N.C.: North Carolina Bar Association, 1985. (29 leaves). Distrib- uted through the Committee on Lawyers and the Arts of the North Carolina Bar Association's Young Lawyers Division. P. Museums Baughman, James C. Trustees, Trusteeship, and the Public Good Issues of Accountability for Hospitals, Museums, Universities, and Libraries. Westport, Conn.: Quorum Books; distributed by Greenwood Press, 1987. 187 pp. Includes bibliographical references. Knoll, Alfred P. Museums: A Gunslinger's Dream. Arts Law Guide, No. 3. San Francisco, Cal.: Bay Area Lawyers for the Arts, 1975. 16 pp. Malaro, Marie C. A Legal Primer on Managing Mu- seum Collections. Washington, D.C.: Smithsonian Institution Press, 1985. 351 pp. Bibliography: pp. 337-40. Phelan, Marilyn. Museums and the Law. AASLH Management Series, No. 1. Nashville, Tenn.: Amer- ican Association for State and Local History, 1982. 287 pp. Includes bibliographical references. 1988] VISUAL ARTS AND THE LAW

Twining & Fischer. Two Reports on Laws Affecting New York State Museums: Memorandum of Cer- tain Statutory Laws of the State of New York and the Internal Revenue Code Affecting Public and Private Museums. Memorandum of Law Pertain- ing to the Labor Law of the State of New York as it Affects Non-Profit Institutions. New York: Mu- seum of the City of New York, 1969. 48 pp. Pre- pared for the New York State Association of Museums. Weil, Stephen E. Beauty and the Beasts: On Muse- ums, Art, the Law, and the Market. Washington, D.C.: Smithsonian Institution Press, 1983. 256 pp. Includes bibliographical references. Q. Nonprofit Organizations FinancialManagement of Nonprofit Arts Organiza- tions: A PracticalGuide for Fiscal Survival. Hous- ton, Tex.: Volunteer Lawyers and Accountants for the Arts, 1985. 70 pp. Horwitz, Tem. Arts Administration:How to Set Up and Run Successful Nonprofit Arts Organizations. Chicago, Ill.: Chicago Review Press, 1978. 256 pp. Bibliography: pp. 241-56. The Buck Starts Here: Enterpriseand the Arts, A Con- ference for Nonprofit Organizations on the Legal Aspects of Making Money. (Robert Karl Manoff, ed.) New York: Volunteer Lawyers for the Arts, 1984. 165 pp. Bibliography: pp. 148-50. Edited transcript of a conference held Dec. 1-2, 1983. McCoy, K. Byron and Terri Grigsby Rogers. Estab- lishing Tax-Exempt Arts Organizations in Texas. Houston, Tex.: Texas Accountants and Lawyers for the Arts, 1986. 24 pp. Minnesota Continuing Legal Education. Creators, Collectors, and Cultural Institutions. Minneapolis, Minn.: Minnesota Continuing Legal Education in cooperation with Affiliated State Arts Agencies of the Upper Midwest, 1976. 91 pp. Peterson, Eric. Nonprofit Arts Organizations:Forma- tion and Maintenance. San Francisco, Cal.: Bay HASTINGS COMM/ENT L. J. [Vol. 10:885

Area Lawyers for the Arts, 1977. 175 pp. Bibliogra- phy: pp. 173-75. (1978 Supp.: 50 pp.) San Francisco Study Center. Surviving the 80s: A Manual for Arts Groups. San Francisco, Cal.: Bay Area Arts Services/Intersection, 1980. 112 pp. (Ed- ited by Karen Feiden and Geoffrey Link.). Texas Accountants and Lawyers for the Arts. Re- sponsible Management: Duties and Liabilities of Directors, Officers and Trustees of Nonprofit Arts Organizations.Houston, Tex.: Texas Accountants and Lawyers for the Arts, 1986. 36 pp. Turk, Frederick J. and Robert P. Gallo. Financial Management Strategies for Arts Organizations. New York: American Council for the Arts, 1986. 200 pp. R. Taxation The Art of Deduction: Income Taxation for Perform- ing, Visual, and Literary Artists. San Francisco, Cal.: Bay Area Lawyers for the Arts, 1983. (29 leaves) (1987 updated version for 1986 taxes.) A Tax Guide for Artists and Arts Organizations. (Herrick K. Lidstone, ed.) Lexington, Mass.: Lex- ington Books, 1979. 378 pp. Helleloid, Richard. The Tax Reliever 1980: A Guide for Artists, Designers,and Photographers.St. Paul, Minn.: Drum Books, 1979. 100 pp. Includes bibliographical references. Lidstone, Herrick K. and R. J. Ruble. Exempt Orga- nizations and the Arts. New York: Volunteer Law- yers for the Arts, 1976. 38 pp. Includes bibliographical references. Reprinted from Volun- teer Lawyers for the Arts' A Tax Guide for Artists and Arts Organizations, edited by Herrick K. Lidstone. Norris, James E. A Practical Guide to Accounting, Taxes, and Planningfor the Craftsperson. Colum- bus, Ohio: Publishing Horizons, 1985. 55 pp. Schaaf, David W. Estate Planningfor Authors and Artists. Estates, Gifts, and Trusts Portfolios, No. 423. Washington, D.C.: Tax Management, Inc., 1986. Looseleaf. 1988] VISUAL ARTS AND THE LAW

Taxation of the Visual and PerformingArtist: An In- sight into Federal Income Tax. Houston, Tex.: Vol- unteer Lawyers and Accountants for the Arts, 1982. 90 pp. (update for 1985 tax return). Volunteer Lawyers for the Arts. Fearof Filing: A Be- ginner's Guide to Tax Preparation and Record Keeping for Artists, Performers, Writers,and Free- lance Professionals. (Theodore W. Striggles and Barbara Sieck Taylor with Douglas Burack, eds.) New York: Dodd, Mead, 1984 143 pp. Wittmer, Cynthia Leigh and James M. Snowl. Busi- ness Activities Conducted by Tax-Exempt Organi- zations: When Does "Unrelated Business Income" Threaten the Organization'sExempt Status? When is the Income Subject to Tax? Raleigh, N.C.: The North Carolina Bar Association, 1985. 18 leaves. Bibliography: leaves 15-18. S. Theft Adams, Laurie. Art Cop Robert Volpe: Art Crime Detective. New York: Dodd, Mead, 1974. 240 pp. Burnham, Bonnie. Art Theft: Its Scope, Its Impact, and Its Control. New York: Publishing Center for Cultural Resources, 1978. 205 pp. A study conducted under the auspices of The International Foundation for Art Research, Inc. This report is the result of a study on the feasibility of a central art theft archive as a means of combating the theft of art. Museum Survey by Ann-Marie Cunning- ham; Art Dealer Survey by Beth Hertz. Hoving, Thomas. King of the Confessors. 1st U.S. ed. Greenville, N.C.: Simon and Schuster, 1981. 365 pp. An account of the intrigue involved in the discov- ery and acquisition of the Bury Saint Edmunds Cross. McLeave, Hugh. Rogues in the Gallery: Modern Plague of Art Thefts. Boston, Mass.: David R. Go- dine, 1981. 278 pp. Bibliography: pp. 271-72. Middlemas, Keith. The Double Market: Art Theft and Art Thieves. Farnborough, Eng.: Saxon House, 1975. 237 pp. Includes bibliographical references. HASTINGS COMM/ENT L. J. [Vol. 10:885

Moat, Edward. Memoirs of an Art Thief London: Ar- lington Books, 1976. 240 pp. Reit, Seymour V. The Day They Stole the Mona Lisa, New York: Summit Books, 1981. 254 pp. Includes bibliographical references. II. LEGAL INSTITUTE PROGRAM MATERIALS A. ABA Forum Committee on Entertainment and Sports Law The Art World and the Law: 1987. (John Henry Mer- ryman, ed.) Chicago, Ill.: American Bar Association Forum Committee on Entertainment and Sports Law, 1987. 391 pp. Study materials for a program held at the Museum of Modern Art, New York, No- vember 14, 1987. B. ALI-ABA Committee on Continuing Professional Education Legal Problems of Museum Administration: ALI- ABA Course of Study, Materials. Philadelphia, Pa.: American Law Institute-American Bar Association Committee on Continuing Professional Education, 1973-1985. Programs on museum administration were held from 1973-1985, but program materials are no longer available from ALI-ABA. Title varies slightly in 1976, "Legal Aspects of Museum Operations." Legal Problems of Museum Administration: ALI- ABA Course of Study, Materials. Philadelphia, Pa.: American Law Institute-American Bar Association Committee on Continuing Professional Education, 1986. 651 pp. Co-sponsored by the Smithsonian In- stitution with the cooperation of the American As- sociation of Museums, March 19-21, 1986, San Francisco, Cal. Legal Problems of Museum Administration: ALI- ABA Course of Study, Materials. Philadelphia, Pa.: American Law Institute-American Bar Association Committee on Continuing Professional Education, 1987. 498 pp. Includes bibliographical references. Co-sponsored by the Smithsonian Institution with the cooperation of the American Association of Museums, March 18-20, 1987, Boston, Mass. 1988] VISUAL ARTS AND THE LAW

C. Miscellaneous Art Law Seminar: Representing Artists, Galleries, Cultural Institutions, and Patrons of the Arts: Ba- sic Legal Issues. St. Paul, Minn.: Advanced Legal Education, Hamline University School of Law, 1982. 256 pp. Co-sponsored by Advanced Legal Ed- ucation of the Hamline School of Law and Saint Paul-Ramsey Arts and Sciences Council. Law and the Art Museum Seminar, References. (Linda E. Evans and Caroline L. LaRon, comps.) Oakland, Cal.: Western Association of Art Muse- ums, 1977 (various pagings). A compilation of papers and outlines presented at the seminar February 25-26, 1977 at the Earl Warren Institute, University of California, Berkeley. Law and the Visual Arts. (Leonard D. Duboff and Mary Ann Crawford DuBoff, eds.) Portland, Or.: 1974. 359 pp. Includes bibliographical references. Conference sponsored by the Northwestern School of Law, Lewis and Clark College and others. Legal Issues in Visual Arts. Los Angeles, Cal.: Los Angeles County Bar Association Barristers Art Committee, 1985. 99 pp. Bibliography: pp. 1-7. A Saturday seminar, June 1, 1985, Loyola Law School co-sponsored by Los Angeles County Bar Associa- tion Barristers and Los Angeles Contemporary Ex- hibitions, Inc. (LACE), in cooperation with Loyola Law School. The Visual Artist & The Law. (Hamish Sandison, ed.) Berkeley, Cal.: Bay Area Lawyers for the Arts, 1976 (various pagings). Bibliography: pp. 7-101 to 7- 106. Handbook for a seminar on the legal problems of artists and art groups sponsored by Bay Area Lawyers for the Arts in collaboration with the Earl Warren Legal Institute. Saturday, March 8th, 1975, Boalt Hall School of Law, University of California, Berkeley. D. Practising Law Institute Feldman, Franklin and Stephen E. Weil, Co-Chair- men. Legal and Business Problems of Artists, Art Galleries, and Museums: Sources and Materials. HASTINGS COMM/ENT L. J. [Vol. 10:885

Patent, Copyright, Trademark, and Literary Prop- erty Course Handbook Series, No. 36. New York: Practising Law Institute, 1972. 712 pp. Bibliogra- phy: pp. 681-88. Prepared for distribution at the Legal and Business Problems of Artists, Art Gal- leries, and Museums Workshop, January-February 1973. Horowitz, Harvey, Chairman. Non-Profit Cultural Organizations. Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series, No. 113. New York: Practising Law Institute, 1979. 478 pp. Includes bibliographical references. Pre- pared for distribution at the Non-profit Cultural Organizations Program, July 1979. Lerner, Ralph E., Chairman. Collectors and Artists: Planningand Probating the Estate. Tax Law and Estate Planning Series/Estate Planning and Ad- ministration Course Handbook Series, No. 86. New York: Practising Law Institute, 1978. 496 pp. Pre- pared for distribution at the Collectors and Artists Planning and Probating the Estate Workshop, Feb- ruary-March 1978. Lerner, Ralph E., Chairman. Representing Artists, Collectors, and Dealers.Patents, Copyrights, Trade- marks and Literary Property Course Handbook Se- ries, No. 127. New York: Practising Law Institute, 1981. 816 pp. Prepared for distribution at the Rep- resenting Artists, Collectors, and Dealers Program, March 5-6, 1981. Lerner, Ralph E., Chairman. Representing Artists, Collectors, and Dealers. Tax Law and Estate Plan- ning Series/Estate Planning and Administration Course Handbook Series, No. 98. New York: Prac- tising Law Institute, 1979. 792 pp. Prepared for distribution at the Representing Artists, Collectors, and Dealers Workshop, March 1-2, 1979. Lerner, Ralph E., Chairman. Representing Artists, Collectors, and Dealers, 1983. Patents, Copyrights, Trademarks, and Literary Property Course Hand- book Series, No. 163. New York: Practising Law In- stitute, 1983. 1040 pp. Includes bibliographical 1988] VISUAL ARTS AND THE LAW

references. Prepared for distribution at the Repre- senting Artists, Collectors and Dealers 1983 Pro- gram, July 14-15, 1983. Lerner, Ralph E., Chairman. Representing Artists, Collectors, and Dealers, 1985. Patents, Copyrights, Trademarks, and Literary Property Course Hand- book Series, No. 204. New York: Practising Law In- stitute, 1985. 1032 pp. Prepared for distribution at the Representing Artists, Collectors, and Dealers 1985 Program, June 6-7, 1985. III. SELECTED U.S. DOCUMENTS A. Abandoned Shipwrecks United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Oceanography. HistoricShipwrecks. Hearing, 100th Cong., 1st Sess., April 21, 1987. Washington, D.C.: U.S. Govt. Print. Off., 1987. 205 pp. Hearing on H.R. 74 - a bill to establish the title of states in any abandoned shipwreck embedded in submerged lands of a state or in coralline formations protected by a state; or on submerged lands of a state when such shipwreck is included in the National Regis- ter; and on H.R. 2071 - a bill to assure the protection of historic shipwrecks by retaining admiralty jurisdiction over the wrecks. Hearings were begun by a second subcommittee (National Parks) on Feb- ruary 4, 1988. United States. Congress. Senate. Committee on En- ergy and Natural Resources. Abandoned Shipwreck Act of 1987 Senate Report No. 100-241, 100th Cong., 1st Sess., December 9, 1987. Washington, D.C.: U.S. Govt. Print. Off., 1987. 8 pp. Report to accompany S.858 to establish the title of states in abandoned shipwrecks "embedded in submerged lands of a State;" "embedded in coralline formations protected by a State on submerged lands of a State;" or "on submerged lands of a State and is included in or determined eligible for inclusion in the National Register." United States. Congress. Senate. Committee on En- ergy and Natural Resources. Subcommittee on HASTINGS COMM/ENT L. J. [Vol. 10:885

Public Lands, National Parks and Forests. Aban- doned Shipwreck Act of 1987.. . Hearing, 100th Cong., 1st Sess., September 29, 1987. Washington, D.C.: U.S. Govt. Print. Off., 1988. 556 pp. Hearing on S.858 to establish the title of states in certain abondoned shipwrecks, and on other unrelated bills. Includes text of the bill, testimony, written statements, and other reprinted materials. United States. Congress. House. Committee on Merchant Marine and Fisheries. Abandoned Ship- wreck Act. House Report No. 98-887, Part 1, 98th Cong., 2d Sess., July 6, 1984. Washington, D.C.: U.S. Govt. Print. Off., 1984. 12 pp. Report recommends passage of H.R. 3194 to provide for the protection of any historic shipwreck or historic structure located on the seabed or in the subsoil of the lands beneath navigable waters within the boundaries of the United States. The act provides that the United States relinquish title to the state in or on whose submerged lands the wreck is located. United States. Congress. House. Committee on Inte- rior and Insular Affairs. Abandoned Shipwreck Act of 1984. House Report No. 98-887, Part 2, 98th Cong., 2d Sess., August 10, 1984. Washington, D.C.: U.S. Govt. Print. Off., 1984. 9 pp. Report to accompany H.R. 3194 which was referred jointly to both the Committee on Interior and Insular Affairs and the Committee on Merchant Marine and Fisheries. H.R. 3194 provides for the protection of any historic shipwreck or historic structure located on the seabed or in the soil of the lands beneath navigable waters within the boundaries of the United States. United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Oceanography. Oceanography Miscellaneous-Part 2. Hearings, 98th Cong., 1st Sess., August 4, Sep- tember 27, and October 5, 1983. Washington, D.C.: U.S. Govt. Print. Off., 1983. 400 pp. Includes hearing on H.R. 3194 - a bill to provide for the protection and management of historic shipwrecks (pp. 271-351). 1988] VISUAL ARTS AND THE LAW

B. Artists' Rights United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights and Trademarks. Visual Artists' Rights Amend- ment of 1986. Hearing, 99th Cong., 2d Sess., No- vember 18, 1986. Washington, D.C.: U.S. Govt. Print. Off., 1987. 161 pp. Hearing on S.2796 - a bill to amend the copyright law to provide full copyright protection for works of art without any re- quirement that a copyright notice be affixed to the work; to protect the integrity of a work against un- authorized alteration, destruction or mutilation; and to provide resale royalties to artists. A similar bill, S.1619, has been introduced by Senator Ken- nedy in the 100th Congress. Senate hearings on S.1619 began on December 3, 1987. C. Berne Convention United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks. US. Adherence to the Berne Con- vention. Hearings, 99th Cong., 1st and 2d Sess., May 16, 1985, and April 15, 1986. Washington, D.C.: U.S. Govt. Print. Off., 1987. 734 pp. Hearings on the im- plications, both domestic and international, of United States adherence to the international union for the protection of literary and artistic works. The following bills to implement the Berne Con- vention have been introduced in the 100th Con- gress: H.R. 1623 and H.R. 2962 (hearings began February 9, 1988 by the Subcommittee on Courts, Civil Liberties, and the Administration of Justice); and S.1301 and S.1971 (hearings began February 18, 1988 by the Subcommittee on Patents, Copyrights, and Trademarks). United States. Congress. Senate Committee on For- eign Relations. Berne Convention for the Protec- tion of Literary and Artistic Work, Message from the President. Treaty Doc. 99-27, 99th Cong., 2d Sess., June 20, 1986. Washington, D.C.: U.S. Govt. Print. Off., 1986. 47 pp. Request from the President for Senate advice and consent to accession by the HASTINGS COMM/ENT L. J. [Vol. 10:885

United States to the Berne Convention for the Pro- tection of Literary and Artistic Works. D. Cultural Property United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law. Relat- ing to Stolen Archeological Property.Hearing, 99th Cong., 1st Sess., May 22, 1985. Washington, D.C.: U.S. Govt. Print. Off., 1986. 170 pp. Hearing on S.605 - a bill to amend Sections 2314 and 2315 of Title 18, United States Code, relating to stolen archeological material (National Stolen Property Act) and to overturn the decision of United States v. McClain. Includes testimony and prepared state- ment in support of S.605 by Professor Paul M. Ba- tor (pp. 18-27). United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights and Trademarks. Cultural Property Repose Act. Hearing, 99th Cong., 2d Sess., January 9, 1986. Washington, D.C.: U.S. Govt. Print. Off., 1986. 110 pp. Hearing on S.1523 - a bill to amend Title 28 of the United States Code to establish a statute of lim- itations for suits by foreign governments seeking to recover stolen art or cultural artifacts now in the United States. United States. Congress. House. Committee of Con- ference. Importation of Pre-Columbian Sculpture and Murals. House Report No. 92-1583, 92d Cong., 2d Sess., October 12, 1972. Washington, D.C.: U.S. Govt. Print. Off., 1972. 4 pp. Conference Report to accompany H.R. 9463 to prohibit the importation into the U.S. of pre-Columbian sculpture and murals exported contrary to the laws of the country of origin. Related bill H.R. 4678 passed (PL92- 587). United States. Congress. House. Committee on Ways and Means. Importation of Pre-Columbian Sculp- ture and Murals. House Report No. 92-824, 92d Cong., 2d Sess., February 7,1972. Washington, D.C.: U.S. Govt. Print. Off., 1972. 5 pp. Recommends passage of H.R. 9463 to prohibit the importation into 1988] VISUAL ARTS AND THE LAW the United States of pre-Columbian monumental and architectural sculpture, murals, and any fragment or part thereof, exported contrary to the laws of country of origin. Related bill H.R. 4678 passed (PL92-587). United States. Congress. Senate. Committee of Con- ference. Importation of Pre-Columbian Sculpture and Murals. Senate Report No. 92-1298, 92d Cong., 2d Sess., October 13, 1972. Washington, D.C.: U.S. Govt. Print. Off., 1972. 4 pp. Conference Report to accompany H.R. 9463 to prohibit the importation into the United States of pre-Columbian sculpture and murals exported contrary to the laws of the country of origin. Related bill H.R. 4678 passed (PL92-587). United States. Congress. Senate. Committee on Fi- nance. Importation of Pre-Columbian Sculpture and Murals; Customs Port Security; Judicial Re- view in CountervailingDuty Cases. Senate Report No. 92-1221, 92d Cong., 2d Sess., September 25, 1972. Washington, D.C.: U.S. Govt. Print. Off., 1972. 13 pp. Favorably reports H.R. 9463 to prohibit the importation into the United States of pre-Colum- bian monumental and architectural sculpture, murals, and any fragment or part thereof, exported contrary to the laws of the country of origin. Re- lated bill H.R.4678 passed (PL92-587). E. Federal Aid to the Arts United States. Congress. House. Committee on Edu- cation and Labor. Compilation of the National Foundation on the Arts and the HumanitiesAct of 1965, Museum Services Act, and Arts and Artifacts Indemnity Act, as Amended Through Dec. 31, 1986. Committee Print, 99th Cong., 2d Sess., December 31, 1986. Washington, D.C.: U.S. Govt. Print. Off., 1986. 38 pp. United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Educa- tion, Arts and Humanities. Oversight of the Federal Arts Policy. Hearing, 98th Cong., 1st Sess., Novem- ber 17, 1983. Washington, D.C.: U.S. Govt. Print. HASTINGS COMM/ENT L. J. [Vol. 10:885

Off., 1984. 139 pp. (Examination of the merits of national endowment programs and federal aid to the arts on state and local levels.). United States. Congress. House. Committee on Gov- ernment Operations. The Interrelationship of Fundingfor the Arts at the Federal,State and Local Levels, Eighteenth Report by the Committee on Government Operations. House Report No. 98-547, 98th Cong., 1st Sess., November 15, 1983. Washing- ton, D.C.: U.S. Govt. Print. Off., 1983. 60 pp. Based on a study by the Government Activities and Transportation Subcommittee. Appendix contains "Hotel Tax and the Arts," by James Backas (pp. 39- 45). United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Pub- lic Buildings and Grounds. Art in Architecture. Hearing, 96th Cong., 1st Sess., November 14, 1979. Washington, D.C.: U.S. Govt. Print. Off., 1980. 50 pp. Hearing on H.R. 2467 to require that from one- half to one percentum of any funds appropriated for the construction of certain public buildings be used for artwork for such buildings, and for other purposes; and on H.R. 5545 to establish a procedure for acquisition and installation of works of art in public buildings. United States. Congress. Senate. Committee on Gov- ernmental Affairs. Subcommittee on Civil Service and General Service. Art in Architecture. Hearing, 96th Cong., 1st Sess., September 25, 1979. Washing- ton, D.C.: U.S. Govt. Print. Off., 1980. 65 pp. Hear- ing to examine the art-in-architecture program of the National Endowment for the Arts. United States. Congress. Senate. Committee on Human Resources. National Art Bank Act of 1978. Hearings, 95th Cong., 2d Sess., August 22 and 23, 1978. Washington, D.C.: U.S. Govt. Print. Off., 1978. 148 pp. Hearings on S.2645 to establish within the National Endowment for the Arts an "Art Bank" to select and purchase works of art and make them available for exhibit in public buildings. 1988] VISUAL ARTS AND THE LAW

United States. Congress. House. Committee on Edu- cation and Labor. Arts and Artifacts Indemnity Act. House Report No. 94-680, 94th Cong., 1st Sess., November 20, 1975. Washington, D.C.: U.S. Govt. Print. Off., 1975. 12 pp. Report recommends passage of H.R. 7782 to establish a new program to be administered by the Federal Council on the Arts and Humanities, under which certain art works and artifacts brought into this country, or else- where when part of an existing exchange of exhibitions, would be indemnified against loss or damage. Related bill S. 1800 passed (PL94-158). United States. Congress. Senate. Committee on Edu- cation and Labor. Subcommittee on Select Educa- tion. To Amend and Extend the National Foundation on the Arts and Humanities Act of 1965. Hearing, 94th Cong., 1st Sess., July 14, 1975. Washington, D.C.: U.S. Govt. Print. Off., 1975. 53 pp. Hearing on H.R. 7782 which includes provisions for establishing a federal program to indemnify international exhibitions brought to the United States. Includes reprint of an article, "The Truth about Art Museum Insurance", by Irving Pfeffer and Ernest B. Uhr in Museum News, March 1974 (pp. 11-19). Related bill S.1800 passed (PL94-158). United States. Congress. Senate. Committee on Labor and Public Welfare. Arts and Artifacts Indemnity Act. Senate Report No. 94-289, 94th Cong., 1st Sess., July 21, 1975. Washington, D.C.: U.S. Govt. Print. Off., 1975. 7 pp. Report recommends passage of S. 1800 for federal indemnification against loss or damage to certain art works and artifacts brought into the United States for international exhibitions. Passed (PL94-158). United States. Congress. Senate. Committee on Labor and Public Welfare. Special Subcommittee on Arts and Humanities. Arts and Artifacts Indemnity Act, 1975. Hearing, 94th Cong., 1st Sess., June 4, 1975. Washington, D.C.: U.S. Govt. Print. Off., 1975. 141 pp. Joint hearing before the Special Subcommittee on Arts and Humanities of the Senate Committee on Labor and Public Welfare and the Select Sub- HASTINGS COMM/ENT L. J. [Vol. 10:885

committee on Education of the House Committee on Education and Labor on S.1800 and H.R. 7216 - bills to establish a federal program of indemnity to cover exhibitions which are brought to the United States as part of ongoing international cultural activities. Contains submitted statements and letters as well as testimony of Dr. Ronald Berman, Chair- man, Federal Council on the Arts and the Humani- ties; Nancy Hanks, Chairman, National Endowment for the Arts; and various art museum directors. Passed (PL-158).). F. Taxation United States. Congress. House. Committee on Ways and Means. Subcommittee on Oversight. IRS Art Advisory Panel. Hearing, 99th Cong., 2d Sess., June 3, 1986. Washington, D.C.: U.S. Govt. Print. Off., 1987. 222 pp. G. UNESCO Convention United States. Congress. House. Committee of Con- ference. Tariff and Customs Amendments. House Report No. 97-989, 97th Cong., 2d Sess., December 21, 1982. Washington, D.C.: U.S. Govt. Print. Off., 1982. 48 pp. Conference Report to accompany H.R. 4566. Convention on Cultural Property Implemen- tation Act is Title III of the act. Passed (PL97-446). United States. Congress. Senate. Committee on Fi- nance. Miscellaneous Tariff, Trade, and Customs Matters. Senate Report No. 97-564, 97th Cong., 2d Sess., September 21, 1982. Washington, D.C.: U.S. Govt. Print. Off., 1982. 87 pp. Report with additional views recommends passage of H.R. 4566, Ti- tle II of which is the implementing legislation of the UNESCO Convention. Passed (PL97-446). United States. Congress. Senate. Committee on Fi- nance. Subcommittee on International Trade. Mis- cellaneous Tariff Bills-1982. Hearings, 97th Cong., 2d Sess., July 21 and 22, 1982. Washington, D.C.: U.S. Govt. Print. Off., 1982. 668 pp. Includes testimony on S. 1723, the Senate bill to implement the UNESCO Convention (pp.43 1-4 7 7). Related bill H.R. 4566 passed (PL97-446). 1988] VISUAL ARTS AND THE LAW

United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade. Cultural Property Treaty Legislation.Hearing,96th Cong., 1st Sess., September 27, 1979. Washington, D.C.: U.S. Govt. Print. Off., 1979. 92 pp. Hearing on H.R. 3403 to implement the UNESCO Convention on Cultural Property. United States. Congress. Senate. Committee on Fi- nance. Subcommittee on International Trade. Con- vention on CulturalProperty Implementation Act. Hearing, 95th Cong., 2d Sess., February 8, 1978. Washington, D.C.: U.S. Govt. Print. Off., 1978. 303 pp. Hearing on H.R. 5643 and companion bill S. 2261 to implement the UNESCO Convention. Con- tains testimony, written statements, and informa- tional articles. INCLUDES: Transcript of a seminar "International Protection of Cultural Property," reprinted from the Proceedings of the 71st Annual Meeting of The American Society of International Law, April 21-23, 1977 (pp. 209-223); and transcript of a symposium "Legal Aspects of the International Traffic in Stolen Art" reprinted from the Summer 1976 issue of Syracuse Journal of International Law and Commerce (pp. 224-267). United States. Congress. House. Committee on Ways and Means. Implementation of Convention on Cul- tural Property. House Report No. 95-615, 95th Cong., 1st Sess., September 21, 1977. Washington, D.C.: U.S. Govt. Print. Off., 1977. 21 pp. Recom- mends passage of H.R. 5643 to implement the UNESCO Convention to which the Senate gave its advice and consent to ratification on August 11, 1972. United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade. UNESCO Con- vention on Cultural Property. Hearings, 95th Cong., 1st Sess., April 26, 1977. Washington, D.C.: U.S. Govt. Print. Off., 1977. 143 pp. Hearings on H.R. 5643 - a bill to implement the UNESCO Con- vention on the Means of Prohibiting and Prevent- ing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. Testifying on be- HASTINGS COMM/ENT L. J. [Vol. 10:885

half of the bill are Douglas Dillon, President of the Metropolitan Museum of Art; and Sherman E. Lee, Chairman of the Committee on Cultural Property Legislation, Association of Art Museum Directors, and Director of the Cleveland Museum of Art. Testifying in opposition to the bill are various rep- resentatives of dealers in art antiquities. United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade. Written Com- ments on H.R. 14171: A Bill to Implement the Con- vention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. Committee Print, 94th Cong., 2d Sess., August 3, 1976. Wash- ington, D.C.: U.S. Govt. Print. Off., 1976. 70 pp. Background material prepared by the Subcommit- tee on Trade, including correspondence, statements, and articles on the illegal international trade in stolen national art treasures and cultural artifacts. United States. Congress. Senate. Committee on For- eign Relations. Convention on Ownership of Cul- tural Property, Message from the President... Senate Executive Document B, 92d Cong., 2d Sess., February 2, 1972.i Washington, D.C.: U.S. Govt. Print. Off., 1972. 8 pp. Request for Senate advice and consent to the Convention on the Means of Prohibiting and Preventing the Illicit Import, Ex- port, and Transfer of Ownership of Cultural Property. United States. Congress. Senate. Committee on For- eign Relations. Convention on Ownership of Cul- tural Property. Senate Executive Report No. 92-29, 92d Cong., 2d Sess., August 8, 1972. Washington, D.C.: U.S. Govt. Print. Off., 1972. 34 pp. Report recommends that the Senate give its advice and consent to ratification of the UNESCO Convention. H. War Treasures United States. Congress. House. Committee on Armed Services. Authorization to Secretary of the Army to Return Certain Works of Art to the Fed- 1988] VISUAL ARTS AND THE LAW

eral Republic of Germany. House Report No. 97- 298, 97th Cong., 1st Sess., October 27, 1981. Wash- ington, D.C.: U.S. Govt. Print. Off., 1981. 5 pp. Re- port recommends passage of H.R. 4625 - a bill to authorize the Secretary of the Army to return to the Federal Republic of Germany certain works of art seized by the United States Army at the end of World War II. Superseded H.R. 3555 on which hearings were held. Passed (PL97-155). United States. Congress. House. Committee on Armed Services. Investigations Subcommittee. Hearing on H.R. 3555 to Authorize the Secretary of the Army to Return to the FederalRepublic of Ger- many Certain Works of Art Seized by the United States Army at the End of World War II. Hearing, 97th Cong., 1st Sess., September 23, 1981. Washing- ton, D.C.: U.S. Govt. Print. Off., 1981. 14 pp. The subject of this legislation was the approximately 6,337 pieces of German military art still in the cus- tody of the Department of the Army. Contains: testimony and statements of G. William White- hurst (Rep. R-Va.) and Marylou Gjernes, Art Cura- tor, Center of Military History, Army Department. H.R. 4625 was reported out by the Investigations Subcommittee in lieu of this bill and was passed (PL97-155). United States. Congress. Senate. Committee on Armed Services. Authorization to Secretary of the Army to Return Certain Works of Art to the Fed- eral Republic of Germany. Senate Report No. 97- 291, 97th Cong., 1st Sess., December 10, 1981. Wash- ington, D.C.: U.S. Govt. Print. Off., 1981. 7 pp. Re- port to accompany H.R. 4625 to authorize the Secretary of the Army to return to the Federal Re- public of Germany some of the 8,000 pieces of art collected throughout Germany and sent to the United States in 1947. Art work found to glorify Hitler or Nazism to be retained in the United States. Passed (PL97-155). United States. Congress. House. Committee on Armed Services. Return of German War Paintings to the Federal Republic of Germany. House Report HASTINGS COMM/ENT L. J. [Vol. 10:885

No. 95-1575, 95th Cong., 2d Sess., September 18, 1978. Washington, D.C.: U.S. Govt. Print. Off., 1978. 4 pp. Report recommends passage of H.R. 11945 to return to the Federal Republic of Germany ten paintings seized by U.S. Forces after World War II. Bill passed as amended (PL95-517). United States. Congress. House. Committee on Armed Services. Investigations Subcommittee. Hearingson H.R. 6237... and H.R. 11945 to Author- ize the Secretary of the Army to Return Ten Paint- ings to the Navy of the Federal Republic of Germany. Hearings, 95th Cong., 2d Sess., January 26 and August 9,1978. Washington, D.C.: U.S. Govt. Print. Off., 1978. 57 pp. H.R. 11945 provides for the return to the Government of the Federal Republic of Germany ten war paintings depicting the Ger- man Navy by the artist Claus Bergen. These paintings were confiscated and brought to the United States at the end of World War II. Passed (PL95- 517). United States. Congress. House. Committee on Inter- national Relations. Subcommittee on Europe and the Middle East. The Holy Crown of St. Stephen and United States-Hungarian Relations. Hearing, 95th Cong., 1st. Sess., November 9, 1977. Washing- ton, D.C.: U.S. Govt. Print. Off., 1978. 155 pp. Hear- ings on President Carter's decision to return the Holy Crown of St. Stephen which the United States held since the end of World War II. 1. Work for Hire United States. Congress. Senate. Committee on The Judiciary. Definition of Work Madefor Hire in the Copyright Act of 1976. Hearing, 97th Cong., 2d Sess., October 1, 1982. Washington, D.C.: U.S. Govt. Print. Off., 1983. 159 pp. Hearing on S. 2044, a bill to eliminate certain categories of works (including works commissioned for use in a motion picture or other audiovisual work) eligible for work for hire treatment under the Copyright Act of 1976. This bill died in committee but has been revived in sub- sequent congresses. The latest bill in the 100th 1988] VISUAL ARTS AND THE LAW 919

Congress is S. 1223 and is entitled "Artists Bill of Rights."