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Visual Arts and the Law: A Handbook for Professionals (Handbooks in International Art Business)
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About Visual Arts And The Law: A Handbook For
Product Description 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. 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. About the Author Judith B. Prowda is Senior Lecturer at Sotheby's Institute of Art-New York and an internationally acclaimed attorney-at-law in New York City focussed on intellectual property, art law, as well as mediation and arbitration. She has contributed articles and chapters to many legal publications. Excerpt. © Reprinted by permission. All rights reserved. Visual Arts and the Law A Handbook for Professionals By Judith B. Prowda Lund Humphries Copyright © 2013 Judith B. Prowda All rights reserved. ISBN: 978-1-84822-086-7 Contents Acknowledgments, Foreword, Preface, Introduction: What is Art in a Legal Context?, Part One Artists' Rights, Chapter 1 Freedom of Expression and Controversial Art, Chapter 2 Limitations on Freedom of Expression: Personality Rights of Privacy and Publicity, Chapter 3 Principles of Copyright, Chapter 4 Copyright Infringement and Defenses, Chapter 5 Moral Rights, Chapter 6 The Artist's Resale Right, Part Two Artists' Relationships, Chapter 7 The Artist–Dealer Relationship, Chapter 8 Artist Commissions, Part Three Commercial Aspects of Art, Chapter 9 Private Disposition of Art, Chapter 10 Auctions, Chapter 11 Expert Opinions, Chapter 12 Title Problems and Stolen Art, Conclusion, Notes, Bibliography, Glossary of Legal Terms, Index, CHAPTER 1 FREEDOM OF EXPRESSION AND CONTROVERSIAL ART People have intense emotional responses to images. They are "sexually aroused by pictures and sculptures; they break pictures and sculptures; they mutilate them, kiss them, cry before them, and go on journeys to them; they are claimed by them, stirred by them, and incited to revolt." Perhaps the greatest act of cultural vandalism so far this century — and the most visually memorable — was the carefully staged destruction by the Taliban of the great rock sculptures of the ancient Buddhas of Bamiyan in March 2001. During peacetime as well, artworks have been subject to destruction, banned and censored because of their social, political, or religious viewpoints, or sexually explicit content. Like other forms of speech, art can express controversial ideas in ways that some may find objectionable. Thus, there can be an innate conflict between freedom of expression and a given society's restrictions that may incite violence, hate speech, and obscenity. For many, there is great social value in artists having freedom to express their thoughts without restriction. It is an aspect of liberty and is often necessary for an artist's search for truth. As Professor John Henry Merryman states, "[a]rt is often the vehicle for expression of the artist's thought, and if we believe that the truth emerges from the free play of ideas we must express artistic expression." How then does the law deal with governmental regulation of artistic freedom of expression? LIMITATIONS ON FREEDOM OF EXPRESSION FOR ARTWORK Early Obscenity Law Obscenity is a category of expression that is not legally protected in the US or the UK. It is therefore incumbent on artists and anyone working with artists to understand the risks involved in creating, selling, or exhibiting art containing provocative or controversial material that the public may find objectionable. As the term "obscenity" has evolved over the centuries and cannot be finally determined, it can be very difficult to know what is or will be prohibited. In 17th-
