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Art Law: Cases and Controversies

Whether you’re an artist, collector, museum director, curator, appraiser, donor, gallery owner, or a lawyer providing advice to players in the art world – or merely art-curious – this new publication will be an invaluable source of insight and guidance.
Publication Language: English

Softcover | 384 pages

In Stock
Published: April 22, 2022
ISBN/ISSN: 9780433509653

Product description

The legalities surrounding the creation, sale, collecting, gifting, importing, exporting and preservation of art are complex and ever-evolving. Written by a group of legal experts, Art Law: Cases and Controversies peaks behind the curtain to provide insight on some key business, tax and intellectual property issues associated with this USD$50-billion global market. Comparisons between the legal realities in Canada and the United States provide useful context, along with an examination of the history behind the legal landscape.

The book explores a broad range of art law-related topics, addressing questions such as:

  • Are non-humans protected by copyright?
  • Can anyone copy public graffiti?
  • Should artists be paid when their works are resold?
  • What are the rights of subjects of photographs?
  • How do we protect against plundered, looted or stolen art?
  • What are the remedies for purchasers of forged or fake art?
  • When is a copy fair use/fair dealing, and when is it infringement?

In addition, Art Law: Cases and Controversies examines infamous matters such as the “Woman in Gold” case and Kevin Hearn v. Maslak McLeod Gallery (as depicted in the film There are No Fakes), offering perspectives of the lawyers involved.

Indispensable Knowledge and Insight
Art Law: Cases and Controversies will appeal to anyone who has a personal or professional interest in art and the art world, including:

  • Estates, wills and trusts lawyers assisting clients with trusts or estate planning, or when determining the value of a bequeathed work of art
  • Corporate commercial lawyers advising clients about legal questions they may have regarding a valuable piece of art
  • Tax lawyers to understand the tax ramifications associated with owning, donating, or selling art
  • Family lawyers advising clients on the division of marital property that includes works of art
  • Staff at public institutions and museums who can refer to it for guidance and understanding the applicable legal framework
  • Insurance industry representatives who need to comprehend and explain why it is important to get a valuable work of art insured
  • Law libraries, law schools and academics as a resource about art and the applicable legal framework and implications
  • Individual collectors involved in buying and selling of art and to understand the legal issues that apply, both in Canada and the U.S.
  • Anyone interested in this fascinating and exciting cultural industry!

Featured Authors

Table of contents

Chapter 1: Copyright and art in Canada: So, what’s an expression of an original idea?

Chapter 2: Moral rights: Fair or fowl?

Chapter 3: Copyrights in the United States

Chapter 4: The Visual Artists Rights Act in the United States

Chapter 5: Appropriation art and U.S. copyright law

Chapter 6: Load, aim, and shoot: Subject rights and the law of the camera

Chapter 7: The art of trademarks

Chapter 8: Aspects of income tax pertaining to cultural property

Chapter 9: Protecting heritage? Imports and exports of cultural property

Chapter 10: Fake Morrisseau: A case study in the challenges of art fraud litigation

Chapter 11: ‘Tis mine and I will have it … provenance and restitution under Québec civil law

Chapter 12: Censorship and the visual arts

Chapter 13: Resale payment rights for artists

Chapter 14: Restitution of Nazi-looted art in the U.S.