Art Law
Art Law

Author: Leonard D. DuBoff

Publisher: Aspen Publishing

Published: 2023-01-31

Total Pages: 1086

ISBN-13: 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

Fundamentals of United States Intellectual Property Law Copyright, Patent, and Trademark
Fundamentals of United States Intellectual Property Law Copyright, Patent, and Trademark

Author: Amanda Reid

Publisher: Kluwer Law International B.V.

Published: 2018-08-10

Total Pages: 557

ISBN-13: 9403501405

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Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.

Trademark Law and Theory
Trademark Law and Theory

Author: Graeme B. Dinwoodie

Publisher: Edward Elgar Publishing

Published: 2008

Total Pages: 555

ISBN-13: 1848441312

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Boasting an impressive list of contributors, this first edition of Trademark Law and Theory brings together a compilation of well-written and powerfully argued works by leading international academics. The book is certainly one of the most extensive and thought provoking overviews of contemporary trademark law and theory yet to be published. . . Whilst all the contributions share in common their examination of the rapidity of change within trademark systems, the editors should be commended on their generous seasoning of other cross cutting themes throughout the Handbook. . . This fascinating compendium enriches our understanding of the shape, substance, and form of trademark law and theory. . . this Handbook is perhaps a rare exception to the adage that no book can be all things to all men . Its broad sweep approach and cross cutting themes enable a range of interested parties, such as policymakers; academics in the fields of marketing, business, consumer psychology; in addition to the usual suspects; to dip in and out of the Handbook as they wish. . . a unique and erudite collection of essays concerning trademark law and theory. . . Odette Hutchinson, Communications Law Trademarks is an area of vital, practical everyday concern, and the idea of producing a volume that brings together the perspectives of 19 thoughtful and experienced legal scholars is a bold and exciting initiative. The present volume does not disappoint and the two editors are to be congratulated on orchestrating an ensemble that simultaneously informs and stimulates. The title is apt: it is truly contemporary and is highly theoretical and doctrinal in character, while the interesting choice of the word handbook suggests clearly that this is a work in progress, a snapshot at a particular time of the challenging lines of individual research that each contributor to the volume is undertaking. It is a fine addition to a larger series of research handbooks in intellectual property published by Edward Elgar under the series editorship of Jeremy Phillips. . . The editors have done a fine job in presenting this material in such a clear and coherent fashion. . . this is an excellent and rewarding volume of readings that will be of interest to anyone working in the area of trademarks, whether as an academic or as a practitioner. Indeed, for the practitioner it will be of particular value, in that it contains, and opens up, many areas of inquiry that may not always be apparent when working at the coalface of a particular problem. . . For both kinds of readers, the real value of the volume is to have so many different kinds of perspectives brought together within the space of a single volume. . . this is a handsome production: the publishers and editors are to be commended on the clarity and cleanness of the typeface and headings, the thoroughness of the index, and the accuracy of their proof reading. It has also been given a striking and evocative cover. Sam Ricketson, University of Melbourne Law School Australia, European Intellectual Property Review Trademark Law and Theory is a first-rate exploration of the issues that will dominate trademark law in the 21st century. Authors from five continents provide a truly global perspective on the present and future of trademark law. An exceptional collection of contributors and contributions. Robert Denicola, University of Nebraska, US This compendium is an excellent source of writing on all aspects of trademark law and practice by experts from Europe, the United States, South Africa, Singapore, New Zealand and Australia. It will be a stimulating read for lawyers, academics, students and policymakers alike on the present and developing trends in law and policy relating to trademarks as marketing tools and cultural artefacts. The editors deserve congratulation on their concept for the book and their judicious selection of material. David Vaver, University of Oxford, UK All students, young and older, in the burgeoni