Art Law: Cases and Controversies, 2nd Edition

“I read the whole book and breathed an unexpected sigh of relief that there is finally a concise, non-urban-legendy source of legal information all artists need to know. It should be given to all art school grads on graduation.” – Douglas Coupland, artist and author of Generation X, and numerous others

The legalities surrounding the creation, sale, collecting, gifting, importing/exporting and preservation of art are complex and ever-evolving. Written by Paul Bain and a group of legal experts, Art Law: Cases and Controversies, 2nd Edition peaks behind the curtain to provide insight on some key business, tax, international law and intellectual property issues associated with this USD$60-billion global market. Comparisons between Canadian, U.S. and European law are also considered, along with the history of present-day rules and legislation.

The book explores a broad range of art law-related topics, addressing questions such as:

• Are non-humans or machines such as AI protected by copyright?
• When is a copy fair use/fair dealing, and when is it infringement?
• What are the rights of subjects of photographs?
• Should artists and estates be paid when their works are resold?
• What are the remedies for purchasers of forged or fake art?
• Can anyone copy public graffiti?
• How do we protect against plundered, looted or stolen art?

In addition, Art Law: Cases and Controversies, 2nd Edition examines infamous cases such as Cariou v. Prince, Warhol v. Goldsmith, Kevin Hearn v. Maslak McLeod Gallery (as depicted in the film There are No Fakes), and the “Woman in Gold”, offering perspectives of the lawyers involved.

What’s New In This Edition

• Three brand new chapters cover art law relating to:
  • Litigation and Artificial Intelligence
  • Legal issues for museums and donors
  • Cultural property and restitution in Europe
• Updated content on tax law, including legislative and jurisprudence changes to donations as well as cultural property
• Expanded discussion of restitution

Indispensable Knowledge and Insight
Art Law: Cases and Controversies, 2nd Edition will appeal to anyone who has a personal or professional interest in art and the art world, including:

• Estates, wills and trusts lawyers assisting clients with trusts or estate planning, or when determining how to handle bequeathed work of art
• Corporate commercial lawyers advising clients about legal questions they may have regarding a valuable piece of art
• Tax lawyers to understand the tax ramifications associated with owning, donating, or selling art
• Family lawyers advising clients on the division of marital property that includes works of art
• Staff at public institutions and museums who can refer to it for guidance and understanding the applicable legal framework
• Insurance industry representatives who need to comprehend and explain why it is important to get a valuable work of art insured
• Law libraries, law schools and academics as a resource about art and the applicable legal framework and implications
• Individual collectors involved in buying and selling, or gifting works of art and to understand the legal issues that apply, both in Canada and the U.S.
• Anyone interested in this fascinating and exciting cultural industry!

Contributors
Ian C. Ballon – Co-Chair, Greenberg Traurig LLP (Silicon Valley, CA; Los Angeles, CA; Washington, DC)
The late Donald S. Burris – Senior founding partner, Burris & Schoenberg LLP (Los Angeles, CA)
Brenda Cossman – Professor of Law and the Goodman-Schipper Chair, University of Toronto (Toronto, ON)
Deborah A. DeMott – David F. Cavers Professor of Law, Duke University (Durham, NC)
Gregory L. Ewing – Partner, Spencer Ewing LLP (Washington, DC)
Gunna Freivalde – Attorney-at-law and founder of AMG Attorneys S.L. (Brussels, Belgium)
Cathy M. Kaplan – Retired partner, Sidley Austin LLP and adjunct lecturer, Columbia University (New York, NY)
John L. Krieger – Member, Dickinson Wright PLLC’s Intellectual Property and Entertainment & Sports Departments (Las Vegas, NV)
Nathanel Ghinghis – Associate, Seltzer Caplan McMahon Vitek (San Diego, CA)
Caleb Green – Partner, Howard & Howard (Las Vegas, NV)
François Le Moine – Lawyer, Règles de l'art and Professor, Université de Montréal (Montréal, QC)
Richard Lewin – Partner, Wildeboer Dellelce LLP (Toronto, ON)
Jonathan J. Sommer – Lawyer and arbitrator (Ontario)
John Tehranian – Paul W. Wildman Chair and Professor of Law at Southwestern Law School + Founding Partner of One LLP (Los Angeles, CA)
Sanjukta S. Tole – Partner and Trademark Agent, Dickinson Wright LLP (Toronto, ON)