Description
Book SynopsisFeaturing international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions.
Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.
Trade Review‘The collection of essays edited by Jani McCullen and Fiona McGaughey is a welcome contribution to the thorny relationship between law and the arts. This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos: Law, Literature & Culture
‘This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos
'In an age where imaginative thinking is needed more than ever, this lively meeting of minds is a most welcome endeavor. Moving beyond registers of opposition, this wide-ranging collection addresses the intersection of art and law as a necessary provocation for thinking more deeply about what it means to live fully and justly. Lawyers, judges, legal theorists, philosophers, curators and artists are deftly brought together, making this Research Handbook invaluable for anyone invested in the intersection of law and culture.' --Joan Kee, University of Michigan, US
'In a world increasingly dominated by the visual - a world also in which ''the law'' and its promise of justice absorb giant and global political and interdisciplinary challenges - there is no more timely book than this one investigating the relationships between visual art and law.' --Jessica Silbey, Northeastern University, US
Table of ContentsContents: Foreword xiv Introduction to the Research Handbook on Art and Law 1 Jani McCutcheon and Fiona McGaughey PART I COPYRIGHT’S RIGHTS IN ART 1 Making art from words: the picturisation adaptation right in copyright law 11 Jani McCutcheon 2 The fine art of rummaging: successors and the life cycle of copyright 26 Eva E Subotnik PART II COPYRIGHT’S REGULATION OF ART 3 Regulating the artist: laws, norms and practices 42 Chris Dent 4 Copying artistic works: copyright, aesthetics, and artistic practice 59 Jonathan Barrett 5 The Prince and the President’s daughter: a tale of copyright and contemporary art 77 Julian R Murphy and Nicholas Modrzewski PART III THE OUTER BOUNDARIES OF ART IN LAW 6 The curator’s copyright 95 Alana Kushnir 7 Patentability and fine art 114 Michael Blakeney 8 Untangling copyright and trade marks in art and advertising 129 Amanda Scardamaglia 9 Demystifying colour regulation in art – protecting substances, appearances and beyond 142 Ema Denby, Paul Green-Armytage and Jani McCutcheon PART IV REGULATING ‘BAD’ ART 10 Preventing art forgery and fraud through emerging technology: application of a regulatory pluralism model 160 Jade Lindley 11 The effectiveness of Australia’s legal system in addressing problematic artwork 177 Dan Mossenson PART V ART, LAW AND THE PUBLIC INTEREST 12 Preserving street art and graffiti: can the law reconcile the (often conflicting) rights of artists, property owners and local communities? 194 Enrico Bonadio 13 Classifying art in diverse legal regimes: the function-aesthetic divide and the public interest 209 Marta Iljadica PART VI ART CRITIQUING OR GIRDING LEGAL SYSTEMS 14 The exorcist: law’s crimes and art’s super powers 225 Desmond Manderson 15 Lady injustice: inequality and legal iconography 239 Ben Wardle PART VII LAW IN ART 16 Intellectual property law as artistic medium 259 Shane Burke 17 On The Nullians 278 Jani McCutcheon 18 Thinking through seeing: legal minds and images 286 Ruth Herz PART VIII MULTIPLICITY OF INTERPRETATIONS 19 The public good in poetic justice: on the art (and law) of Felix Gonzalez-Torres 302 Sonia K Katyal 20 The decommission of I See Red : a case study in the relations between art and law 318 Lee Harrop and Nicolas J Bullot PART IX ART, LAW, VIOLENCE AND CRIME 21 A law unto themselves: murals in the Northern Ireland conflict 335 Fiona McGaughey 22 Breaking the frame: abortion under arrest in contemporary visual art? 353 Natalie Linda Jones 23 The artist turned criminal: emotional obstacles to severing the body from the body of work 368 Gregory Dale PART X ART IN INTERNATIONAL LAW 24 Art and human rights law 389 Sarah Joseph 25 Image and art in the Whaling in the Antarctic case 408 Alice Palmer Index 427
