Research Handbook on Art and Law

Author: Jani McCutcheon; Fiona McGaughey
Publisher: Edward Elgar Publishing
ISBN: 9781788971461
Published In: January 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.

PART 1 - Copyright's Rights in Art:

1. When Words Become Art: the Picturisation Right in Copyright Law - Jani McCutcheon

2. The Fine Art Of Rummaging: Successors And The Life Cycle Of Copyright - Eva E. Subotnik

Copyright's Regulation of Art

3. Regulating the Artist: Laws, Norms and Practices - Chris Dent

4. Copying Artistic Works: Legal Rules, Aesthetics and Artistic Practice - Jonathan Barrett

5. The Prince and the President's Daughter - A Tale of Contemporary Art and Copyright Law - Nicholas Modrzewski and Julian R. Murphy

The Outer boundaries of Art in law

6. Seeing the Curator: Copyrights and Moral Rights in Contemporary Exhibition Practices - Alana Kushnir

7. Patentability and Fine Art - Michael Blakeney

8. How Trade Mark Law Sees Art: An Historical Perspective - Amanda Scardimaglia

9. The Regulation of Colour in Art - Protecting Substances, Appearances, and Beyond - Ema Denby, Paul Green-Armytage and Jani McCutcheon

Regulating 'Bad' Art

10. Preventing Art Fraud through Emerging Technology: Application of a Regulatory Pluralism Model - Jade Lindley

11. The Effectiveness of Australia's Legal System in Addressing Problematic Artwork - Dan Mossenson

Art, Law and the Public Interest

12. Preserving Street Art and Graffiti: Can the Law Reconcile the (Often Conflicting) Rights of Artists, Property Owners and Local Communities? - Enrico Bonadio

13. Classifying Art in Diverse Legal Regimes: The Function-Aesthetic Divide and the Public Interest - Marta Iljadica

PART 2 - Art critiquing or girding legal systems

14. The Exorcist: Law's Crimes And Art's Super Powers - Desmond Manderson

15. Lady Injustice: Inequality and Legal Iconography - Ben Wardle

Law in Art

16. Intellectual Property Law as Artistic Medium - Shane Burke

17. On The Nullians - Jani McCutcheon

18. Thinking through Seeing: Legal Minds and Images - Ruth Herz

Multiplicity of interpretations

19. The Aesthetics Of The Public Good: The Art of Felix Gonzalez-Torres - Sonia Katyal

20. The Decommission Of I See Red: A Case Study In The Relations Between Art And Law - Lee Harrop and Nicolas J. Bullot

Art, Law, Violence and Crime