While most of the laws and regulations we’re looking at on this website involve things that you should do, the flip side of that is also, of course, what you should not do. As an artist, you do not want to leave yourself open to physical theft of your works. And as someone who also enjoys being surrounded by the artworks of others, you do not want to acquire something that was stolen or illegally exported.
Laws and regulations are specific legal mandates that have been explicitly enunciated. We also treat as illegal activities that are widely understood to be wrong even though there may be no specific prohibition on the activity; we call these legal issues “torts.” Depending on the situation, theft can be legally pursued either on the basis of a law or regulation, or as a tort. International law is particularly important in this area. Research on the history of the ownership of a piece of art (its provenance) and on its authenticity are critically important to ensure that you are in compliance with the law and for law enforcement purposes.
Pursuing Theft
The Federal Bureau of Investigation (FBI) becomes involved in pursuing art thieves and finding works that have been stolen via its “art theft program.” Here is a brief summary of each of the laws and regulations that underlie this program.
Federal Bureau of Investigation [www.fbi.gov]
Federal Bureau of Investigation/Art Theft Program
Law enforcement agencies across the country report both stolen and recovered art and cultural objects as well as details of investigations to a national center, the National Stolen Art File.
Federal Bureau of Investigation [www.fbi.gov]
Federal Bureau of Investigation/National Stolen Art File
Protecting Yourself from Theft
Following an international study in 1993 by the Getty Information Institute, agreement was reached on a set of standards for identifying art and cultural objects that is now used by law enforcement agencies, customs officials, the art trade, museums, and the insurance industry. This is a checklist of how to develop an Object ID for this purpose.
Object ID [www.object-id.com]
Getty Information Institute/Object-ID
A discussion of the history of authentication of the provenance of art objects and techniques currently in use.
Fine Art Registry [www.fineartregistry.com]
Theresa Franks/Getting to the Truth of Authentication
Advice about how to protect art works you own from being stolen, and how to protect yourself against buying stolen art.
Federal Bureau of Investigation [www.fbi.gov]
Federal Bureau of Investigation/Protecting Your Treasures
If you need to do research on a particular piece of art in order to determine its provenance and whether or not it may have been stolen, the Getty Provenance Index Databases are invaluable.
The Getty [www.getty.edu]
The Getty Research Institute/Provenance Research
FAQ regarding international trends in art theft, including advice about how to protect against it.
Interpol [www.interpol.int]
Interpol/Stolen Works of Art: Frequently Asked Questions
What to do if theft should occur.
The Getty [www.getty.edu]
The Getty Conservation Institute/Collections Theft Response Procedures