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Articles 1 - 8 of 8
Full-Text Articles in Law
Trespassory Art, Randall Bezanson, Andrew Finkelman
Trespassory Art, Randall Bezanson, Andrew Finkelman
University of Michigan Journal of Law Reform
The history of art is replete with examples of artists who have broken from existing conventions and genres, redefining the meaning of art and its function in society. Our interest is in emerging forms of art that trespass-occupy space, place, and time as part of their aesthetic identity. These new forms of art, which we call trespassory art, are creatures of a movement that seeks to appropriate cultural norms and cultural signals, reinterpreting them to create new meaning. Marcel DuChamp produced such a result when, in the early twentieth century, he took a urinal, signed it, titled it Fountain, and …
The Visual Artists Rights Act Of 1990: Further Defining The Rights And Duties Of Artists And Real Property Owners, Matthew A. Goodin
The Visual Artists Rights Act Of 1990: Further Defining The Rights And Duties Of Artists And Real Property Owners, Matthew A. Goodin
Golden Gate University Law Review
While eleven states have enacted legislation creating moral rights for artists, until recently there was no federal law addressing the issue. The Visual Artists Rights Act of 1990,10 which became effective June 1, 1991, creates federal moral rights for artists and contains provisions specifically covering artwork incorporated into buildings. This article will begin with a brief overview of VARA and a detailed analysis of the provisions covering artwork incorporated into buildings. The focus of the article will address the many problems concerning the rights and duties of artists and real property owners under VARA, and will propose solutions to these …
The Visual Artists Rights Act Of 1990: The Art Of Preserving Building Owners' Rights, Keith A. Attlesey
The Visual Artists Rights Act Of 1990: The Art Of Preserving Building Owners' Rights, Keith A. Attlesey
Golden Gate University Law Review
This article will be divided into three sections focusing on the Visual Artists Rights Act's art in buildings provisions, and these provision's effects on artists and building owners. First, the various state art preservation acts will be compared and contrasted with the VARA, focusing particularly on the California Act. Second, the VARA's art in buildings section will be analyzed, focusing on 1) the development of the section, 2) how determining whether art is removable effects artists and building owners, and 3) the dilemma building owners face when art is attached to their buildings without their knowledge or consent. Finally, the …
Copyright Law - Community For Creative Non-Violence V. James Earl Reid: A Clearer Picture For Artists, Christopher M. Windle
Copyright Law - Community For Creative Non-Violence V. James Earl Reid: A Clearer Picture For Artists, Christopher M. Windle
Golden Gate University Law Review
No abstract provided.
The California Resale Royalty Act: Droit De [Not So] Suite, Emily Eschenbach Barker
The California Resale Royalty Act: Droit De [Not So] Suite, Emily Eschenbach Barker
Emily Eschenbach Barker
It is a generally accepted principal that an artist owns certain rights to exploit the economic value of his works. In the United States an artist’s rights are protected by various provisions of the federal copyright laws. These pecuniary rights exist largely in the same form across the globe, however, some countries, and now the state of California, have begun to recognize personal rights of artists in their work. These moral rights, or droit moral, are retained by the artist even after a work is sold. The particular moral right that my manuscript is concerned with is the droit de …
Imagining The Law: Art, Christine Haight Farley
Imagining The Law: Art, Christine Haight Farley
Contributions to Books
Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for special legal …
Recut, Reframe, Recycle: The Shaping Of Fair Use Best Practices For Online Video, Peter Jaszi
Recut, Reframe, Recycle: The Shaping Of Fair Use Best Practices For Online Video, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
This article discusses the intertwining of creative and copyright practices, as demonstrated by the emergence and evolution of standards to assess fair use in online video from 2007-2009. The development of such standards demonstrates the effectiveness of community-based standards to expand the utility of fair use and the importance of practice in affecting the interpretation of law. This process demonstrates the relationship between copyright practice and creative practice.
Fairy Knoll; Johais Hancock And An Apparition In The Sky; Light Well Conduit - Works Of Art Exhibited In The Exhibition The Ipswich House: Heritage House Portraits By Contemporary Queensland Artists, Madeleine T. Kelly
Faculty of Law, Humanities and the Arts - Papers (Archive)
On its completion in 1901, Thoman Hancock Junior's grand residence, Fairy Knoll, afforded an enviable view of Ipswich and its surrounds. Its prestigious hill top site overlooking Limestone Park amply reflected the position occupied by the Hancock family in Ispwich society and the material culmination of Hancock's successful business career as a timber merchant.