Diploma in Art Profession
Law and Ethics
starting May 2013: dates to be confirmed
What is DipAPLE?
An intensive, interactive course from the Institute of Art and Law designed to introduce both art professionals and lawyers to the specific legal risks and safeguards that underpin all art transactions. It covers buying and selling, lending and borrowing, donating and accepting, disposing and giving away. It teaches how to avoid legal trouble and how to get the legal advantage.
Who teaches on the course?
It is taught at a series of interactive seminars held in central London on Saturdays over a period of approximately six months, starting in October 2010. The course will be led by Professor Norman Palmer QC, CBE (Barrister, Chair Treasure Valuation Committee, member Spoliation Advisory Panel, formerly Chair Human Remains Working Group, formerly Chair Illicit Trade Advisory Panel). Speakers will include Kevin Chamberlain (Barrister, former legal adviser to the Foreign and Commonwealth Office), Richard Ellis (Art Risk, formerly with Scotland Yard Art and Antiques Squad), Anthony Misquitta (partner, Farrer & Co LLP), Julia Simmonds (Solicitor), Ian Snaith (University of Leicester).
It is open to both lawyers and non-lawyers. Applicants should either hold a recognised law degree or possess relevant experience in the field of art or antiquities.
Numbers will be limited in order to allow participative discussions.
It is assessed by means of three written assignments, each of between 2,000 and 3,000 words.
Qualification for the Diploma
In order to qualify for the Diploma, it will be necessary to attend a minimum of four of the six study days and to submit three assignments of a standard satisfactory to the Institute of Art and Law examiners.
£1,920 including VAT (£1,600 ex. VAT) - discounts are available for IAL members and UKRG members.
Session 1: Civil recovery: Regaining and Retaining
How do the victims of art theft recover their property? What are the main steps in going to court? How can claims be successfully resisted? Are innocence, good faith or due diligence a defence? Can you kill off people’s title by buying and selling their art in an overseas country? How do limitation periods work?
Session 2: Getting Title: Finders, Vendors and Lenders
How do people prove they have ownership of cultural objects? Do finders get title? What about buyers of stolen goods, or people who inherit looted antiquities, or receive them as gifts? What are your rights if you do not get title? What happens if you are liquidating an art dealer’s estate? Where do art lenders and bailees fit into the picture? What is interpleader and who can work it? Do deals for the recovery of stolen art work in the eyes of the law?
Session 3: Art Crime: Villains and Victims
What crimes might the art professional commit or fall victim to when dealing in art or antiquities? What happens in England to people accused of crimes in overseas countries? What happens to art in the possession of the police if no prosecution or conviction occurs? What is criminal property and what happens to it? How do prosecutions work - and why do they fail?
Session 4: Repatriation: Redressing the Wrongs of the Past
Where do law and government stand on claims for return of holocaust-related art, or sacred objects looted in past centuries, or human remains? Should the market deal in such material? Is there such a thing as moral title? Does it outweigh legal title and what is its commercial clout? When should and could institutions return things that are the fruits of ancient wrongs? What is the impact of repatriation policy on auction houses and dealers? What should traders do if a holocaust provenance is revealed?
Session 5: Copyright, Moral Rights and Artist’s Resale Right
Does ownership of a physical object such as a letter or manuscript carry ownership of copyright? What are moral rights? What is droit de suite and what are its implications for dealers?
Session 6: Ethics, Soft Law and Alternative Dispute Resolution
Is compliance with the law enough or is there a higher standard of behaviour? What are the alternatives to going to law? Is law becoming defunct in art-related disputes?
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