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.
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