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Entertainment, Arts, and Sports Law Commons

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

Art & The “Public Trust” In Municipal Bankruptcy, Brian L. Frye Oct 2016

Art & The “Public Trust” In Municipal Bankruptcy, Brian L. Frye

Law Faculty Scholarly Articles

In 2013, the City of Detroit filed the largest municipal bankruptcy action in United States history, affecting about $20 billion in municipal debt. Unusually, Detroit owned its municipal art museum, the Detroit Institute of Arts (“DIA”) and all of the works of art in the DIA collection, which were potentially worth billions of dollars. Detroit’s creditors wanted Detroit to sell the DIA art in order to satisfy its debts. Key to the confirmation of Detroit’s plan of adjustment was the DIA settlement, under which Detroit agreed to sell the DIA art to the DIA corporation in exchange for ...


If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter Jan 2016

If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter

Law Faculty Scholarship

The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while ...


An “Immeasurable Sign Of Great Hope”: The Detroit Institute Of The Arts, Municipal Bankruptcy And “Cultural Assets”, Rebecca Gosch Jan 2016

An “Immeasurable Sign Of Great Hope”: The Detroit Institute Of The Arts, Municipal Bankruptcy And “Cultural Assets”, Rebecca Gosch

Washington University Journal of Law & Policy

No abstract provided.