Keio University

*Art Law Case Files: Stolen Goods, Forgeries, and the "Essence of Art" / Art Transactions and the Drama of Rights*

Writer Profile

  • Makoto Shimada

    Other : Attorney

    Keio University alumni

    Makoto Shimada

    Other : Attorney

    Keio University alumni

August 24, 2023

About two years ago, I wrote a textbook explaining the laws surrounding art transactions, *Introduction to Art Law*. At that time, Mr. Tomotake Okada, an editor, suggested that "it might be interesting to have a spin-off introducing selected court cases," which became the catalyst for writing this book.

Following Mr. Okada's advice, I decided to make this book for a general audience. Looking back, however, this decision was quite an adventure. While I took care to make *Introduction to Art Law* understandable even for those without legal knowledge, I still assumed readers who "wanted to learn about art law."

However, for a general-interest book, it needs to be enjoyable even for those who "are interested in art but hesitant about law." Therefore, setting aside the law for a moment, I selected 41 diverse cases from all times and places—from an Italian Renaissance trial involving Leonardo da Vinci to Genpei Akasegawa's "1,000-Yen Bill Trial"—focusing on "incidents involving famous artists or works with a compelling narrative." I divided these into two volumes, introducing the background and subsequent developments of each case, as well as anecdotes about the artists involved.

Now, the real struggle began after I finished the first draft. Legal writing has unique quirks beyond the heavy use of technical terms and peculiar phrasing. For example, since accuracy is essential in legal documents, frequently occurring terms are defined as "hereinafter referred to as '...'" and names or dates are not repeated, instead using terms like "the said person" or "the same day." Sentences are kept short, and style, syntax, and expression are standardized to suppress the author's individuality, and so on.

These habits are deeply ingrained in me after many years as a lawyer, so I ended up having my manuscript rejected by the editor many times. After several months of struggle, it seems I have managed to turn it into a piece of reading material that anyone can enjoy. Of course, I have also made efforts to meet the needs of readers who want to learn about law and art transaction practices.

As evident from the background above, Mr. Okada provided immense support throughout the entire process. I would like to express my heartfelt gratitude.

I hope that many people who love art will read it.

*Affiliations and titles are as of the time of publication.