Public and private institutions in the United States have long been home to a variety of art works, antiquities, and ethnological materials. For years, these collections have been seen as important archives that allow present and future generations to enjoy, appreciate, and value the art of all cultures. The past decade, however, has seen major changes in law and public policy and an active, ongoing debate over legal and ethical issues affecting the ownership of art and other cultural property.

Contributors to Who Owns the Past? Include legal scholars, museum professionals, anthropologists, archaeologists, and collectors. In clear, nontechnical language, they provide a comprehensive overview of the development of cultural property law and practices, as well as recent case law affecting the ability of museums and private collectors to own art from other countries. Topics covered include rights to property, ethical ownership, the public responsibilities of museums, threats to art from war, pillage, and development, and international cooperation to preserve collections in the developing world.

Engaging all perspectives on this debate, Who Owns the Past? Challenges all who care about the arts to work together toward policies that consider traditional American interests in securing cultural resources and respect international concerns over loss of heritage.

This book has been sponsored by the American Council for Cultural Policy

Contributors include Ann M. Brose, Anthony Browne, Emma Bunker, Judith Church, Stephen W. Clark, Clemency Chase Coggins, James Cuno, Ludovic de Walden, Andr Emmerich, Jeremy G. Epstein, Leo V. Gagion, Kate Fitz Gibbon, Ashton Hawkins, Arielle Kozloff, Harvey Kurzweil, Peter Marks, David Matsuda, Margaret Ellen Mayo, John Henry Merryman, Ramona Morris, , Rebecca Noonan, William G. Pearlstein, Cynthia Rosenfeld, Andrew Solomon, Ronald D. Spencer, Erich Theophile, Peter K. Tompa, Pierre Valentin, Steven Vincent, and Shelby White.

Kate Fitz Gibbon is a specialist in Asian art and world heritage issues. From 2000--2003 she served on the Cultural Property Advisory Committee to the President.

Contents
Preface
Acknowledgments
Introduction
I. THE LAWS
Chronology of Cultural Property Legislation
kate fitz gibbon
Cultural Property, Congress, the Courts, and Customs: The Decline and Fall of the Antiquities Market?
william g. pearlstein
Indian Givers
stephen vincent
Immunity from Seizure
rebecca noonan
A Tale of Two Innocents: The Rights of Former Owners and Good-Faith Purchasers of Stolen Art
ashton hawkins, richard a. rothman, judith church
The Schiele Matter
stephen w. clark
The Trial of the Sevso Treasure: What a Nation Will Do in the Name of Its Heritage
leo v. gagion, harvey kurzweil, ludovic de walden
The Art Market in the UK and REcent Developments in British Cultural Policy
anthony browne, pierre valentin
The Elgin Marbles
kate fitz gibbon
The Hazards of Common Law Adjudication
jeremy g. epstein
II. COLLECTING AND THE TRADE
Collecting Ancient Art: A Historical Perspective
margaret ellen mayo
Museums, Antiquities, Cultural Property, and the US Legal Framework for Making Acquisitions
james cuno
The Expert and The Object
ronald d. spencer
Building American Museums, The Role of the Private Collector
shelby white
Editor's Note: The Illicit Trade-Fact or Fiction?
kate fitz gibbon
The Antiquities Market: When, What, Where, Who, Why . . . and How Much?
arielle kozloff
Dealers Speak
edited by peter marks
ATADA-Building Ethical Consensus through Trade Organization
ramona morris
A Modern Challenge to an Age-Old Pursuit: Can Cultural Patrimony Claims and Coin Collecting Coexist?
peter k. tompa, ann m. brose
III. ART IN PERIL
Archaeology and the Art Market
clemency chase coggins
Observations of a Combatant
clemency chase coggins
Art in Jeopardy
andrew solomon
Improving the Odds: Preservation through Distribution
andrew emmerich
Subsistence Diggers
david matsuda
IV. THE UNIVERSAL MUSEUM
A Licit International Trade in Cultural Objects
john henry merryman
Alternatives to Embargo
kate fitz gibbon
The Kathmandu Valley Preservation Trust
erich theophile, cynthia rosenfeld
The Acquisition and Ownership of Antiquities in Today's Age of Transition
emma bunker
Conclusion: Museums at the Center of Public Policy
accp editorial board
V. APPENDICES AND LINKS
Appendix 1: Japan's Protection of Its Cultural Heritage-A Model
Appendix 2: Cultural Property Information Resources
Contributors
Index