The contributions to this volume were written by historians, legal historians and art historians, each using his or her own methods and sources, but all concentrating on topics from the broad subject of historical legal iconography. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing. Throughout history, art has been used to legitimise the act of judging, but artists have also satirised the law and the lawyers; architects and artisans have engaged in juridical and judicial projects and, in some criminal cases, convicts have even been sentenced to produce works of art. The book illustrates and contextualises the various interactions between law and justice on the one hand, and their artistic representations in paintings, statues, drawings, tapestries, prints and books on the other.
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.
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.
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
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
Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
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.
Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
This book is for art market researchers at all levels. A brief overview of the global art market and its major stakeholders precedes an analysis of the various sales venues (auction, commercial gallery, etc.). Library research skills are reviewed, and advanced methods are explored in a chapter devoted to basic market research. Because the monetary value of artwork cannot be established without reference to the aesthetic qualities and art historical significance of our subject works, two substantial chapters detail the processes involved in researching and documenting the fine and decorative arts, respectively, and provide annotated bibliographies. Methods for assigning values for art objects are explored, and sources of price data, both in print and online, are identified and described in detail. In recent years, art historical scholarship increasingly has addressed issues related to the history of art and its markets: a chapter on resources for the historian of the art market offers a wide range of sources. Finally, provenance and art law are discussed, with particular reference to their relevance to dealers, collectors, artists and other art market stakeholders.
