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Entertainment, Arts, and Sports Law Commons

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Notre Dame Law School

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Liability

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Full-Text Articles in Entertainment, Arts, and Sports Law

Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering Dec 2021

Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering

Notre Dame Law Review

Part I of this Note begins with a discussion of who Banksy is and why his work is important to this legal debate, finishing with a detailed description of the features of conceptual art that are relevant for legal analysis and an argument that the shredding stunt—the event itself, not the partially shredded canvas—is a work of conceptual art. Part II argues that the unique features of the shredding stunt, and of future works in the same artistic category, present a novel legal problem both for artists and for buyers. This novel problem is explored through the lens of …