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Full-Text Articles in Law
Is Culture A Justiciable Issue? , Jessica L. Darraby
Is Culture A Justiciable Issue? , Jessica L. Darraby
Pepperdine Law Review
No abstract provided.
Imagining The Law, Christine Farley
Imagining The Law, Christine Farley
Christine Haight Farley
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 …
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
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 …
Judging Art, Christine Farley
Judging Art, Christine Farley
Articles in Law Reviews & Other Academic Journals
What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …