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Art Law Deskbook

This publication is designed to help artists and attorneys in the field understand the rights and responsibilities of artists and their work. It is broad based including detailed information on copyright and trademark rights, rights of publicity and censorship of an artist’s work. The book includes directions as well as practical guidance on these complex issues. It includes in one publication all of the information you need to protect yourself and/or your clients. Volume 2 includes detailed information about the law of business regarding art.
Publisher: Matthew Bender

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Print Book :2 volumes, softbound, updated annually
3rd Edition
ISBN: 9781522137009
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$399.00
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eBook :epub
3rd Edition
ISBN: 9781632844262
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Price
$399.00
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eBook :mobi
3rd Edition
ISBN: 9781632844262
In Stock
Price
$399.00
QTY
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Product details

This publication is designed to help artists and attorneys in the field understand the rights and responsibilities of artists and their work. It is broad based including detailed information on copyright and trademark rights, rights of publicity and censorship of an artist’s work. The book includes directions as well as practical guidance on these complex issues. It includes in one publication all of the information you need to protect yourself and/or your clients. Volume 2 includes detailed information about the law of business regarding art.

Authors / Contributors

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