Visual Arts and the Law: A Handbook for Professionals (Handbooks in International Art Business)

This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, selling and collecting art in a global market. Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases. The book embraces the interdependence between legal, ethical, as well as art-historical considerations. It addresses fundamental topics such as: the role of due diligence in buying and selling art; the issues which can arise when relationships or transactions are not formalized by a written contract; critical differences in individual nations' copyright regimes, such as moral rights and artist resale rights; how courts analyse copyright infringement cases in visual art; specific laws relating to auctions and the relationships among the auction house, consignor and buyer; the balance between freedom of expression and an individual's rights of privacy and publicity; the liabilities of expert opinions on authenticity and on the valuation of works of art; and how the statutes of limitation apply to works that have been stolen or whose legal title is otherwise challenged. This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys, and students of art and law. This important handbook offers art professionals and collectors an accessible legal analysis of essential principles in art law, as well as a practical guide to understanding one's legal rights when creating, buying, selling and collecting art in a global market. Although the book is international in scope, there is a particular focus on the US as one of the major art centres of the world and the site of international court cases. The book distinguishes between legal and ethical as well as legal and art-historical considerations with reference to the art market. It addresses key questions such as: the role of due diligence in buying and selling art ; the issues which can arise without the formalising of a relationship or transaction with a written contract ; how much of another artist's work can be appropriated without infringing on that artist's copyright ; the balance between freedom of expression and an individual's rights of privacy and publicity and the liabilities of expert opinions on authenticity and valuation of works of art This Essential Handbook Offers Art Professionals And Collectors An Acessible Legal Analysis Of Important Principles In Art Law, As Well As A Practical Guide To Legal Rights When Creating, Buying, Selling And Collecting Art In A Global Market. Although The Book Is International In Scope, There Is Particular Focus On The Us As A Major Art Center And The Site Of Countless Key International Court Cases--provided By Publisher. Introduction: What Is Art In A Legal Context? -- Freedom Of Expression And Controversial Art -- Limitations On Freedom Of Expression : Personality Rights Of Privacy And Publicity -- Principles Of Copyright -- Copyright Infringement And Defenses -- Moral Rights -- The Artist's Resale Right -- The Artist-dealer Relationship -- Artist Commissions -- Private Disposition Of Art -- Auctions -- Expert Opinions -- Title Problems And Stolen Art -- Conclusion. Judith B. Prowda. Includes Bibliographical References (p. 268-270) And Index. Contents 8 Acknowledgments 9 Foreword 11 Preface 13 Introduction: What is Art in a Legal Context? 15 PART ONE: ARTISTS' RIGHTS 22 1 Freedom of Expression and Controversial Art 23 2 Limitations on Freedom of Expression: Personality Rights of Privacy and Publicity 39 3 Principles of Copyright 56 4 Copyright Infringement and Defenses 80 5 Moral Rights 102 6 The Artist’s Resale Right 119 PART TWO: ARTISTS' RELATIONSHIPS 134 7 The Artist–Dealer Relationship 135 8 Artist Commissions 152 PART THREE: COMMERCIAL ASPECTS OF ART 164 9 Private Disposition of Art 165 10 Auctions 184 11 Expert Opinions 204 12 Title Problems and Stolen Art 221 Conclusion 240 Notes 243 Bibliography 269 Glossary of Legal Terms 272 Index 276