Art Law Deskbook
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Table of contents
Volume 1
Chapter 1 Copyright
Pt. 1 Copyright Basics
Pt. 2 Copyrightable Subject Matter: Originality and Creativity
Pt. 3 Ideas vs. Expressions
Pt. 4 Scènes à faire and Merger
Pt. 5 Copyright Term and the Public Domain
Pt. 6 Useful Articles—Utilitarian and Functional Works
Pt. 7 Derivative Works
Pt. 8 Works Made for Hire and Copyright Ownership
Pt. 9 Fair Uses
Pt. 10 Steps of a Copyright Dispute
Chapter 2 Trademark
Pt. 1 Trademark Concepts
Pt. 2 Determining the Strength of Marks
Pt. 3 Federal, State, and Common Law Trademarks
Pt. 4 False Endorsement and False Designation of Origin
Pt. 5 Trademark Infringement
Pt. 6 Affirmative Defenses and Avoidances
Pt. 7 Trademark Dilution
Pt. 8 Trade Dress
Pt. 9 Fair Use
Chapter 3 Right of Publicity
Pt. 1 The Concept of a Right of Publicity
Pt. 2 Differentiating the Right of Privacy from the Right of Publicity
Pt. 3 Theoretical and Public Policy Justifications for the Right of Publicity
Pt. 4 The Requirements of a Right of Publicity Claim
Pt. 5 Fair Use of Celebrity Names, Images, and Likenesses
Pt. 6 The Future of the Right of Publicity
Chapter 4 Moral Rights and the Visual Artists Rights Act
Pt. 1 The Concept of Moral Rights
Pt. 2 Types of Moral Rights
Pt. 3 America's Non-Recognition of Moral Rights (Before VARA)
Pt. 4 Moral Rights under the Visual Artists Rights Act
Pt. 5 Droit de Suite and Economic Continuation Rights
Chapter 5 Censorship and Artistic Expression
Topic 1 National Security, Hate Speech and Symbolic Expression
Pt. 1 A Short History of Censorship
Pt. 2 Public Policy Behind the First Amendment
Pt. 3 Protecting National Security and Social Order
Pt. 4 Fighting Words and Hate Speech
Pt. 5 Censorship of Symbolic Expression
Topic 2 Censorship of Obscenity and Pornography
Pt. 1 History of the Censorship of Obscenity
Pt. 2 The Current Standards for Obscenity Under Miller
Pt. 3 Evidentiary Issues for Censorship of Obscenity Under Miller
Pt. 4 Censorship of Child Pornography
Topic 3 Content-Neutral Regulation and Censorship of Art
Pt. 1 The Origin of the Content-Neutral Regulation of Symbolic Speech and Expressive Conduct
Pt. 2 Licensing, Leases, and Permits as a Regulation of Art
Pt. 3 Regulation and Censorship of Art on Government Property
Pt. 4 Indirect Censorship of Art through Government Funding Restrictions
Pt. 5 Private, Non-Governmental Censorship
Volume 2
Chapter 6: Art as an Investment
Part 1 Art Versus Traditional Investments
Part 2 Investment Factors to Be Considered
Part 3 Market Regulation
Part 4 Art Consultants
Part 5 Conducting Due Diligence
Part 6 Pre-Purchase Considerations
Part 7 Affording Art: Financing Purchases
Part 8 Tax Considerations for Collectors
Chapter 7: Auctions
Part 1 Selling Techniques
Part 2 Historical Development
Part 3 How Auctions Work
Part 4 Licensing of Auctioneers
Part 5 Withdrawal of Goods and Bids
Part 6 The Auctioneer’s Role
Part 7 Auction House Tactics
Part 8 Bidders’ Tactics
Part 9 Problems with Title
Part 10 Terms of the Auction Agreement
Part 11 A Buyer’s Failure to Pay
Part 12 Breach of Warranty
Part 13 Fraud and Misrepresentation
Part 14 Antitrust Problems
Chapter 8: Insurance
Part 1 Insurance Generally
Part 2 The Insurance Contract
Part 3 Remedies for Mistake
Part 4 Contractual Liability
Part 5 Advertising Injury
Part 6 Policy Exclusions and Exceptions
Part 7 Types of Insurance Contracts
Part 8 Valuation Problems
Part 9 Insurance for Loaned Artwork
Chapter 9: Authentication
Part 1 How Hard Is It to Fake a Work of Art?
Part 2 What Does “Forgery” Mean?
Part 3 Does Authenticity Matter?
Part 4 Authentication
Part 5 Objective (Scientific) Authentication
Part 6 Subjective (Stylistic) Authentication
Part 7 An Expert’s Liability
Part 8 An Expert’s Recourse
Part 9 Limitations of Liability
Part 10 Precautions for Collectors
Part 11 Remedies for Purchasers of Forgeries
Part 12 Solving the Forgery Problem
Chapter 10: Museums
Part 1 Legal Structure
Part 2 Internal Structure of Charitable Trusts and Charitable Corporations
Part 3 Liability of Trustees and Directors
Part 4 Employee Conflicts of Interest
Part 5 Fundraising and Cost-Cutting Measures
Part 6 Acquisitions
Part 7 Gifts
Part 8 Loans
Part 9 Deaccession
Part 10 Protecting the Collection from Disaster, Theft and Damage
Part 11 Public Accommodation
Part 12 Labor Relations
Part 13 Codes of Ethics
Chapter 11: The Working Artist
Part 1 Space to Live and Work
Part 2 Options for Selling Art
Part 3 Arrangements Between Artists and Galleries
Part 4 Commissions
Part 5 Safety Issues
Part 6 Tax Issues
Part 7 Employment Issues
Part 8 Support Organizations