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ADVANCED LEGAL RESEARCH By: Rachael Cook University of Denver College of Law Advanced Legal Research Professor Debra Austin Art Law Art Law.

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Presentation on theme: "ADVANCED LEGAL RESEARCH By: Rachael Cook University of Denver College of Law Advanced Legal Research Professor Debra Austin Art Law Art Law."— Presentation transcript:


2 ADVANCED LEGAL RESEARCH By: Rachael Cook University of Denver College of Law Advanced Legal Research Professor Debra Austin Art Law Art Law

3 Introduction Art Law refers to the legal issues concerning the creation, sale and transfer of artworks as well as the rights and entitlements of respective parties in this process. For example, an artist holds various intellectual property rights in his work such as copyright, moral rights and in some countries, resale rights. The exercise and protection of these rights are no different from those provided to authors and composers. Relationships between artists and dealers, sellers and buyers, auction houses and collectors are well covered by the principles found in established legal rules. Art law covers most of the conventional legal areas such as criminal law, contract law, bailment, real and personal property, trusts and charities, and intellectual property law. Private and public international law also play a big part in these areas owing to the international nature of the art market and State involvement in cultural property disputes. Art Law thrives not only in the form of private/public property law, but also sets the environment in which artistic expression can grow, redefine, challenge and occasionally upset.

4 Search Terms Art Artist Artisan Art Museum Art Works Cartoon Copyright Drawing Intellectual Property Museum Paintings Photographs Sculptural Works Trademark

5 Practice Materials Looseleaf Services Legal Looseleafs In Print 2002 –Art, Artifacts and Architecture (West Group) Non available at DU –The Deskbook of Art Law by Leonard D. DeBoff Available @ KF4288.D8 1977 Suppl. 1984 How To Find The Law: Subject Guide to Selected Looseleaf Services –Nothing directly on Art Law –Intellectual Property Copyright Law Reports (CCH) > Not available Patent, Trademark & Copyright Journal (BNA) > Not available Entertaining Publishing and the Arts by Alexander Lindey Volume 1-2 –KF8933.A43 A fresco of Calliope, the Greek muse of epic poetry, is one of the frescoes discovered in the ancient ruins near Pompeii. The Frescoes at Pompeii

6 Practice Materials Federal - Am. Jur. Trial Art and Artists: KF 8915. A74 –Museum: Source of expert witnesses – 9:349 §48 – Three-Dimensional Articles –Drawings: Infringement – 9:343 Copying Chambord da Vinci - (staircase)

7 Practice Materials Federal - Proof of Facts KF8933.A43: Art and Artists –Lease of Commercial Premises, art shop: 7 POF 3d 655 § 6 University Club of Chicago v. Deakin (1914) 265 Ill. 257, 106 NE 790. –Restoration of Art: 14 POF 3d 619 § 11 Wiebold Studio v. Old World Resotrations, (1985) 19 Ohio App3d 246, 19 Ohio BR 398, 484 NE2d 280. DALI

8 Practice Materials Federal - Forms US. Copyright Office - Title 17, United States (title 17, U.S. Code) - Copyright – –U.S. Copyright Office Library of Congress 101 Independence Ave. S.E. Washington, D.C. 20559-6000 –Visual Arts, Drawings, Photographs, Sculpture, etc. –lFL 115 Registration of Visual Arts –Circular 40 Visual Arts –Circular 40a Visual Arts Deposit –Circular 44 Cartoons and Comic Strips –FL 107 Registration of Photographs –Form VA with instructions, Short Form VA –Additional information on using the Copyright Office forms. Venus of Willendorf

9 Practice Materials Federal - Causes of Action KF8863.S53 –Artistic Property: Tortuous interference with prospective business advantage – 16 COA § 5-7, 9, 18 §5 Existence of Business Relationship §6 Relationship with Third Party §7 Reasonable Expectancy of Gain Resulting from Relationship §9 Intent §18 No Bona Fide Third Party –Artisans or Repairers: Artisans Lien – 3 COA 2d 807 § let seq. Couldnt find. Monet - Water Lilly Light Studies

10 Practice Materials Federal - Moores Fed Prac/Pro KF 8840. M633 –Art/Artist – nothing found –Copyright: Declaratory Judgement- 57.22 [8][e] –Burden of Proof – 57.62 [2][d] –Federal Copyright Applicability – 57.85 [2] Unfair competition claims joined with related claims under copyright 104.44[3] Etruscan Tomb bronze sculpture of Romulus and Remus

11 Practice Materials Federal - Wrights Fed Prac/Pro KF 8840.W68 –Art and Artists: Best Evidence Rule, Evid § 7164 –Subdivision (1) – Writings and Recordings Newsman's Privilege, Evid §5426 –Based on a case-by-case basis Treatises, hearsay, Evid §7059 –Rule 803(18): Learned Treatises degas

12 Practice Materials State - Wests Colo. Law Finder KFC1861.W472 (2002) Art and Artists: –Generally – USCA 20 § 41 et seq. –Exhibitions Indemnity USCA 20 § 971 et seq. –National Endowment for the Arts USCA 20 § 954 et seq. –State Allocation for Art Wests CRSA § 32-7-101 et seq. –Works of Fine Art – Consignment Wests CRSA § 6-15-101 et seq. Art Galleries –Regional Service Authorities Wests CRSA § 32-7-101 et seq. Running Fence Sonoma and Marin Counties Coast, 1972-76 Christo & Jeanne-Claude

13 Practice Materials State - Wests Colo. Prac. Series KFC1880.C60 Art or Artist: wills, plan of distribution of art work: Method of Practice 103.8 –Testators Plan of Distribution Specific bequests and Devices Cash Gifts Contingent Beneficiaries Transportation and other Expenses in Delivering Gifts Institutional Gifts Going Business Jean-Michel Basquiat In great strokes we get to meet the bohemian Basquiat, enemy of the middle class bourgeois; his beginnings as a graffiti artist under the pseudonym "Samo"; his fascination with the drug subculture; his sudden stardom; his friendship with Andy Warhol; and his tormented relationship with his mother, a mental patient who lived in a convent.

14 Practice Materials State - Colo. Law Annotated KFC1880.P75 (1991) –Art/Artists – N/A –Copyright – N/A Laurie Anderson - Performance Artist

15 Art laws goal is to allow for a piece of art to maintain its uniqueness and its commercial value. Art law has proven to not be a stagnant practice of law due to the contemporary art scene and the new challenges it offers to Art Law. Visual art has traditionally been defined as that which is expressed through conventional media such as paintings, sculptures and architecture. However, the new media used by the younger generation of artists presents new challenges to the law's definition and treatment of art. Questions that are raised by this field will continue to be asked even after we tackle the Internet. These questions are: –How can the law ensure that it remains unique and hence commercially valuable? –How can an artist protect his copyright in the work when copies of the artwork will be created at an remote location and hence beyond his control as soon as the work is viewed? New media such as installations, multi-media art, digital art and artworks done in transient forms all require legal treatment uniquely adopted to suit their nature. Apart from using existing legal principles in other areas, art law must begin to acquire a unique identity in order to address its own specific issues. Furthermore, art law must be flexible and malleable to continue functioning in this ever changing and challenging world of technology. Conclusion

16 Thank You The End

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