Lexis Nexis Art Law: Cases and Controversies
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Détails des produits
"[Art] law has—in addition to the classic legal issues of copyright and moral rights—newer matters like NFTs (non-fungible tokens), rapidly advancing technology, social media, and changing social mores to contend with. Looking at this assortment of issues, it is clear that art law is not one cohesive body but is woven through several areas of law, including intellectual property, taxation, copyright, fraud, and censorship, as well as being a reflection of the current social environment. This text provides a modern look at these issues and how they affect artists, collectors, and cultural institutions."
Reviewed by Susan Barker, Librarian Emeritus
University of Toronto
See Review in 2023 Canadian Law Library Review 48:3 (pages 20-21)
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:
- 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?
- Are non-humans protected by copyright?
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!
Contributors
Ian C. Ballon – Co-Chair, Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice Group (Silicon Valley, CA; Los Angeles, CA; Washington, DC)
Donald S. Burris – Senior founding partner, Burris & Schoenberg LLP (Los Angeles, CA)
Brenda Cossman – Professor of Law and the Goodman-Schipper Chair, Faculty of Law, University of Toronto (Toronto, ON)
Deborah A. DeMott – David F. Cavers Professor of Law, Duke University School of Law (Durham, NC)
John L. Krieger – Member, Dickinson Wright PLLC’s Intellectual Property and Entertainment & Sports Departments (Las Vegas, NV)
Caleb Green – Associate, Dickinson Wright PLLC (Las Vegas, NV)
François Le Moine – Counsel, Sarrazin+Plourde (Montreal, QC)
Richard Lewin – Partner, Wildeboer Dellelce LLP (Toronto, ON)
Jonathan J. Sommer – Lawyer and arbitrator, with a focus on litigation, intellectual property issues and general business law (Ontario)
John Tehranian – Paul W. Wildman Chair and Professor of Law at Southwestern Law School + Founding Partner of One LLP (California)
Sanjukta S. Tole – Partner, Dickinson Wright LLP + Trademark Agent (Toronto, ON)
Media Resources
- Lawyer Paul Bain on the love of art – and art law – Canadian Lawyer Magazine
Table des matières
Chapter 1: Copyright and art in Canada: So, what’s an expression of an original idea? – Paul Bain
Chapter 2: Moral rights: Fair or fowl? – Paul Bain
Chapter 3: Copyrights in the United States – John L. Krieger / Caleb Green
Chapter 4: The Visual Artists Rights Act in the United States – John L. Krieger /
Caleb Green
Chapter 5: Appropriation art and U.S. copyright law – Ian C. Ballon
Chapter 6: Load, aim, and shoot: Subject rights and the law of the camera –
John Tehranian
Chapter 7: The art of trademarks – Sanjukta S. Tole
Chapter 8: Aspects of income tax pertaining to cultural property – Richard Lewin
Chapter 9: Protecting heritage? Imports and exports of cultural property – Paul Bain
Chapter 10: Fake Morrisseau: A case study in the challenges of art fraud litigation – Jonathan J. Sommer
Chapter 11: ‘Tis mine and I will have it … provenance and restitution under Québec civil law – François Le Moine
Chapter 12: Censorship and the visual arts – Donald S. Burris
Chapter 13: Resale payment rights for artists – Deborah A. DeMott
Chapter 14: Restitution of Nazi-looted art in the U.S. – Donald S. Burris
