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Visual Arts and the Law

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This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, ...
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  • 01 September 2013
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This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, selling and collecting art in a global market. Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases.

The book embraces the interdependence between legal, ethical, as well as art-historical considerations. It addresses fundamental topics such as: the role of due diligence in buying and selling art; the issues which can arise when relationships or transactions are not formalized by a written contract; critical differences in individual nations' copyright regimes, such as moral rights and artist resale rights; how courts analyse copyright infringement cases in visual art; specific laws relating to auctions and the relationships among the auction house, consignor and buyer; the balance between freedom of expression and an individual's rights of privacy and publicity; the liabilities of expert opinions on authenticity and on the valuation of works of art; and how the statutes of limitation apply to works that have been stolen or whose legal title is otherwise challenged.

This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys, and students of art and law.
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Price: £35.00
Publisher: Lund Humphries Publishers Ltd
Imprint: LH Professional
Series: Handbooks in International Art Business
Publication Date: 01 September 2013
Trim Size: 9.62 X 6.75 in
ISBN: 9781848220867
Format: Hardcover
BISACs:

The arts: general topics, Law as it applies to other professions and disciplines

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Judith B. Prowda is Senior Lecturer at Sotheby's Institute of Art-New York and an internationally acclaimed attorney-at-law in New York City focussed on intellectual property, art law, as well as mediation and arbitration. She has contributed articles and chapters to many legal publications.
Contents: Author's Preface; Introduction: Legal Definitions of Art; Part One: Artists' Rights - 1. Freedom of Expression and Controversial Art; 2. Personality Rights: Rights of Privacy and Publicity; 3. The Principles of Copyright; 4. Copyright Infringement and Defenses; 5. Moral Rights; 6. Artist Resale Rights/Droit de Suite; Part Two: Artists' Relationships - 7. Artist-Dealer Relationship; 8. Commissions; Part Three: Commercial Aspects of Art - 9. Private Disposition of Art;10. Auctions;11. Expert Opinions (Appraisal and Authentication); 12. Title Problems and Stolen Art; Conclusion: The Enforcement of Law; Bibliography; Index.