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Art Law

Art Law
Author: Leonard D. DuBoff
Publisher: Aspen Publishing
Total Pages: 1086
Release: 2023-01-31
Genre: Law
ISBN: 1543857914

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Art Law: Cases and Materials, Third Edition is written by Leonard DuBoff, a founder of the discipline of art law, and by Michael Murray, a prolific scholar of art law and intellectual property law. The current edition focuses on law and the visual arts world that now embraces the disruptive forces of blockchains and non-fungible tokens (NFTs). Designed as a primary text for courses on art law, law and the visual arts, cultural property law, or cultural heritage law, the three-part framework of this highly readable casebook explores artists’ rights under copyright, trademark, right of publicity, moral rights, and the First Amendment; art markets including the law of galleries, dealers, auctions, and museums; and the legal issues surrounding international preservation of art and cultural property, including smuggling and theft in peacetime, looting and plundering in wartime, and protection of native and indigenous peoples’ art. New to the Third Edition: As stated by the author of the introduction, Jane Ginsburg of Columbia Law School says, “The tremendous sweep of this casebook takes in the manifold fields that the apparently simple name ‘Art Law’ implicates. From ‘What is Art?’ through the different kinds of intellectual property encompassed within artists’ rights, through censorship and freedom of expression to the many permutations of the art market, and on to international and domestic protections of cultural property, the casebook enmeshes the student in an extraordinary variety of fascinating, and often intractable, legal issues. The current edition not only generally updates its predecessor but adds such cutting-edge digital matters as NFTs (which unsettle some notions of “what is art,” and pervade the gamut of IP issues), the role of artificial intelligence in the creation of works of art, and the impact of deepfakes on the right of publicity.” The Third Edition explores how NFTs and the market for digital art has changed how artists, collectors, and the general public view and interact with the art world. NFTs have disrupted the calculation of what is art and who is an artist and challenge the centuries old systems of valuation of art even though they apply the same basic factors of scarcity, provenance (authenticity), attribution to a particular artist, popularity, historical significance, and potential for growth in value. NFTs and metaverse have thrust an entirely new class of creators and content owners into a crypto community that disfavors law and champions copying. NFTs have made digital art a popular and expensive art investment, but this pushes to the forefront the uncomfortable uncertainties of how the law treats digital works under the copyright first sale doctrine. NFTs now enable American artists to list and sell art works linked to smart contracts that set a rate for the payment of resale royalties and can issue a royalty payment whenever these art works are resold on an exchange that supports the payment of royalties for transactions on the blockchain where the art is registered. The text also explores how deep fakes and AI rendering technologies have created new issues regarding unauthorized uses in false endorsement situations and lookalike avatars and profile pictures (PFPs). Professors and students will benefit from: A very current text covering the real world and metaverse art world of the 2020s A rich collection of illustrations from and about the cases and issues PowerPoints that cover each case, topic, and subtopic


Art Law

Art Law
Author: Michael E. Jones
Publisher: Rowman & Littlefield
Total Pages: 223
Release: 2016-06-15
Genre: Business & Economics
ISBN: 1442263164

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Between the countless works of art in the world and numerous laws on their care, the task of deciphering correct procedure can seem daunting. In Art Law: A Concise Guide for Artists, Curators, and Art Educators, Michael E. Jones breaks down the legal language into a concise tool for all those involved in the art world. While most art law books are written for law students or museum directors, trustees, and curators, Jones’ book appeals to a far larger audience, particularly undergraduate and graduate students studying art, graphic design, photography, museum studies, art education and art business. It is also a useful research guide for museum professionals, gallery directors, foundation heads, working professional visual fine artists and board/trustee members. Art Law distinguishes itself by providing a broad scope of art law in relation to the world of artists and those organizations that support, preserve, govern, display, and even sell art. Covering topics such as acquisition, grants, and buying and selling, this book takes a look at the ethical and legal issues and rights that confront the art community and museums. Through case studies complete with images, readers can see these topics in action. Art Law is a must-have guide for art educators, museum studies students, art law and business programs, and artists looking for clear and readable descriptions and answers to the relevant legal issues facing the art world community.


Art Law and the Business of Art

Art Law and the Business of Art
Author: Martin Wilson
Publisher: Edward Elgar Publishing
Total Pages: 485
Release: 2022-12-13
Genre: Law
ISBN: 1800885784

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In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. New to this Edition: • Thoroughly revised guidance on new anti-money laundering requirements • Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic • New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions


Art Law in a Nutshell

Art Law in a Nutshell
Author: Leonard D. DuBoff
Publisher: West Academic Publishing
Total Pages: 370
Release: 2006
Genre: Law
ISBN:

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Duboff's Art Law in a Nutshell overviews art as an investment, from copyrights to trademarks, and examines issues involving museums and collecting. Subjects covered include the customs definition, international art movement, and the victim of war. Explores auctions; authentication; insurance; and tax problems for collectors, dealers, and artists. Also addresses the working artist, aid to the arts, moral and economic rights, and freedom of expression.


Posthumous Art, Law and the Art Market

Posthumous Art, Law and the Art Market
Author: Sharon Hecker
Publisher: Routledge
Total Pages: 298
Release: 2022-04-29
Genre: Art
ISBN: 1000575101

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This book takes an interdisciplinary, transnational and cross-cultural approach to reflect on, critically examine and challenge the surprisingly robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists. Works of art conceived as multiples, such as sculptures, etchings, prints, photographs and conceptual art, can be—and often are—remade from original models and plans long after the artist has passed. Recent sales have suggested a growing market embrace of posthumous works, contemporaneous with questioning on the part of art history. Legal norms seem unready for this surge in posthumous production and are beset by conflict across jurisdictions. Non-Western approaches to posthumous art, from Chinese emulations of non-living artists to Native American performances, take into account rituals of generational passage at odds with contemporary, market-driven approaches. The book will be of interest to scholars working in art history, the art market, art law, art management, museum studies and economics.


Art and Law - A Comprehensive Guide to South African Art Law

Art and Law - A Comprehensive Guide to South African Art Law
Author: Thomas Hoeren
Publisher: LIT Verlag
Total Pages: 160
Release: 2023-09-14
Genre: Law
ISBN: 3643966474

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This handbook aims to provide a comprehensive overview of the multi-faceted art law within the legal framework applicable to South Africa. In four 'phases', it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples. The contents were prepared by students of the Art Law Clinic Stellenbosch and revised by the editors mentioned below.


Art Law in a Nutshell

Art Law in a Nutshell
Author: Leonard D. DuBoff
Publisher:
Total Pages: 392
Release: 1984
Genre: Law
ISBN:

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Written for the layperson, this book contains a wide range of legal references and offers practical advice for collectors, dealers, and artists. Chapters discuss art as it is defined by customs authorities, as it exists as an international movement, as it suffers under conditions of war, and as an investment. They also address issues like auctions, authentication, insurance, taxes, aid to the arts, copyright, and freedom of expression. Annotation copyrighted by Book News Inc., Portland, OR


Visual Arts and the Law

Visual Arts and the Law
Author: Ms Judith B Prowda
Publisher: Ashgate Publishing, Ltd.
Total Pages: 511
Release: 2013-10-01
Genre: Art
ISBN: 1848221320

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This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, selling and collecting art in a global market. Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases. This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys and students of art and law.


Mastering Art Law

Mastering Art Law
Author: Herbert I. Lazerow
Publisher: Carolina Academic Press LLC
Total Pages: 560
Release: 2020
Genre: Artists
ISBN: 9781531019044

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"This book tracks all published Art Law casebooks. It begins by asking what art is, and why there should be special rules for it. There follows a section on the rights and responsibilities of artists and collectors in areas such as freedom of expression, defamation, the right of publicity, the rights of privacy, copyright, trademark, moral rights, resale royalties, and the tax consequences of common art-related transactions. The book then treats commercial dealings in art, such as problems of authentication or ownership of the work, and commercial relationships between artists, collectors, dealers, auction houses and financiers of the art world. It deals with the law governing the organization and operation of museums, including employment law. The international treatment of art is discussed in terms of special rules for art in times of hostilities and occupation, as well as peacetime law governing the movement of art or artifacts across national boundaries, and national control of its artistic patrimony. A series of chapters detail the law on preservation of U.S. artistic heritage, such as historic preservation law, the ownership of artifacts found on land or under water, and special rules applicable to Native American remains and artifacts. The book concludes with a discussion of rules of international litigation frequently encountered in art law controversies, such as jurisdiction, foreign sovereign immunity, Act of State, forum non conveniens, choice of law, enforcing foreign law, and proving foreign law"--


The Legal System of Art Auction in China

The Legal System of Art Auction in China
Author: Zhen Zheng
Publisher: Springer Nature
Total Pages: 188
Release: 2022-02-21
Genre: Law
ISBN: 9811901287

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This book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.