Law, Ethics, and the Visual Arts


Book Description

This book describes the collisions between the art world and the law, with a critical eye through a combination of primary source materials, excerpts from professional and art journals, and extensive textual notes. Topics analysed include + the fate of works of art in wartime, + the international trade in stolen and illegally exported cultural property, + artistic freedom, + censorship and state support for art and artists, + copyright, + droit moral and droit de suite, + the artist's professional life and death, + collectors in the art market, + income and estate taxation, + charitable donations and works of art, and + art museums and their collections. The authors are recognised experts in the field who have defined the canon in many aspects of art law.
















Rights and Reproductions


Book Description

Management and dissemination of the Intellectual Property (IP) assets maintained by cultural institutions is a key responsibility of caring for collections. Rights and reproductions methodologies are seemingly ever-changing with new technologies, additional distribution avenues, evolving case law, applicable court decisions, and new legislation. This new edition of Rights & Reproductions: The Handbook for Cultural Institutions marks the first time this valuable publication is available in print as well as digital. Building upon the guidelines, standards, and best practices outlined in the first edition, the Handbook further investigates current trends in rights and reproductions practices, notably expanding the discussion of fair use guidelines and codes, Creative Commons and RightsStatements.org, open access, social media applications, and the overall process of conducting rights clearances and obtaining permissions for the growing list of possible uses of a cultural institution’s Intellectual Property. Highlights of the second edition include: A new chapter devoted to fair use and open access Overall updates to applicable case law, rights clearance practices, and distribution partners Over 20 case studies outlining real-world examples from the authors’ experiences and practices at their institutions Expanded glossary defining terms so they are easy to understand Updated appendices with new references, resources, and court decisions Over 50 contract and document templates provided by the authors’ institutions The Handbook is the must-have, comprehensive resource for cultural institution professionals handling rights-related work, including registrars, rights and reproductions managers, archivists, librarians, and lawyers.







The Cambridge Handbook of Intellectual Property and Social Justice


Book Description

Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.




Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)


Book Description

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.