Law and the Visual Arts (LAW-896-001)
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Legal and policy implications at the intersection of art and the law, including intellectual property, contract, and First Amendment law issues. A student who completes this course will have knowledge of the legal relationships between and among artists, dealers, auction houses, collectors, and museums as well as an understanding of the protection of cultural property. Prior course work in intellectual property law is recommended but not essential.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Required: Mastering Art Law, Second Edition 2nd Edition, Herbert Lazerow
Optional: Law, Ethics, & the Visual Arts, John Henry Merryman, Albert Edward Elsen, and Stephen K. Urice, Kluwer Law International, 2007 (“LEVA”)
Optional: Research Handbook on Art and Law, Edited by Jani McCutcheon and Fiona McGaughey, 2020 (Edward Elgar)
Optional: Art and Copyright, Simon Stokes, 2021 (Hart Publishing)
Additional Course Materials will be posted on Portal as the semester progresses.
First Class Readings
CLASSES 1 and 2:
Mastering Art Law (“MAL”) 65-103
Copyright Basics, U.S. Copyright Office Circular #1, https://www.copyright.gov/circs/circ01.pdf
Cariou v. Prince, 714 F.3d 694 (2d. Cir. 2013), cert. denied, 134 S.Ct 618 (2013), https://scholar.google.com/scholar_case?case=5845890683658306826&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (SDNY 1999), https://scholar.google.com/scholar_case?case=5068002142390131270&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Bleistein v. Donaldson Lithographing Company, 188 U.S. 239 (1903), https://scholar.google.com/scholar_case?case=3277054592305773876&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Burow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884), https://www.law.cornell.edu/supremecourt/text/111/53
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