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Research Handbook on Art and Law

Edited by Jani McCutcheon and Fiona McGaughey, UWA Law School, The University of Western Australia, Australia
Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
Extent: c 464 pp
Hardback Price: $270.00 Web: $243.00
Publication Date: January 2020
ISBN: 978 1 78897 146 1
Availability: Not yet published
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  • eISBN: 978 1 78897 147 8

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  • Law - Academic
  • Cultural Heritage and Art Law
  • Information and Media Law
  • Intellectual Property Law
  • Law and Society
Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.

This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. 

Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.
‘In an age where imaginative thinking is needed more than ever, this lively meeting of minds is a most welcome endeavor. Moving beyond registers of opposition, this wide-ranging collection addresses the intersection of art and law as a necessary provocation for thinking more deeply about what it means to live fully and justly. Lawyers, judges, legal theorists, philosophers, curators and artists are deftly brought together, making this Research Handbook invaluable for anyone invested in the intersection of law and culture.’
– Joan Kee, University of Michigan, US

‘In a world increasingly dominated by the visual – a world also in which “the law” and its promise of justice absorb giant and global political and interdisciplinary challenges – there is no more timely book than this one investigating the relationships between visual art and law.’
– Jessica Silbey, Northeastern University, US
Contributors include: J. Barrett, M. Blakeney, E. Bonadio, N.J. Bullot, S. Burke, G. Dale, E. Denby, C. Dent, P. Green-Armytage, L. Harrop, R. Herz, M. Iljadica, N.L. Jones, S. Joseph, S. Katyal, A. Kushnir, J. Lindley, D. Manderson, J. McCutcheon, F. McGaughey, N. Modrzewski, D. Mossenson, J.R. Murphy, A Palmer, A. Scardamaglia, E.E. Subotnik, B. Wardle
Contents:

PART 1 Copyright’s Rights in Art
1. When Words Become Art: the Picturisation Right in Copyright Law
Jani McCutcheon

2. The Fine Art Of Rummaging: Successors And The Life Cycle Of Copyright
Eva E. Subotnik

Copyright’s Regulation of Art
3. Regulating the Artist: Laws, Norms and Practices
Chris Dent

4. Copying Artistic Works: Legal Rules, Aesthetics and Artistic Practice
Jonathan Barrett

5. The Prince and the President’s Daughter – A Tale of Contemporary Art and Copyright Law
Nicholas Modrzewski and Julian R. Murphy

The Outer boundaries of Art in law
6. Seeing the Curator: Copyrights and Moral Rights in Contemporary Exhibition Practices
Alana Kushnir

7. Patentability and Fine Art
Michael Blakeney

8. How Trade Mark Law Sees Art: An Historical Perspective
Amanda Scardimaglia

9. The Regulation of Colour in Art – Protecting Substances, Appearances, and Beyond
Ema Denby, Paul Green-Armytage and Jani McCutcheon

Regulating ‘Bad’ Art
10. Preventing Art Fraud through Emerging Technology: Application of a Regulatory Pluralism Model
Jade Lindley

11. The Effectiveness of Australia’s Legal System in Addressing Problematic Artwork
Dan Mossenson

Art, Law and the Public Interest
12. Preserving Street Art and Graffiti: Can the Law Reconcile the (Often Conflicting) Rights of Artists, Property Owners and Local Communities?
Enrico Bonadio

13. Classifying Art in Diverse Legal Regimes: The Function-Aesthetic Divide and the Public Interest
Marta Iljadica

PART 2
Art critiquing or girding legal systems
14. The Exorcist: Law’s Crimes And Art’s Super Powers
Desmond Manderson

15. Lady Injustice: Inequality and Legal Iconography
Ben Wardle

Law in Art
16. Intellectual Property Law as Artistic Medium
Shane Burke

17. On The Nullians
Jani McCutcheon

18. Thinking through Seeing: Legal Minds and Images
Ruth Herz

Multiplicity of interpretations
19. The Aesthetics Of The Public Good: The Art of Felix Gonzalez-Torres
Sonia Katyal

20. The Decommission Of I See Red: A Case Study In The Relations Between Art And Law
Lee Harrop and Nicolas J. Bullot

Art, Law, Violence and Crime
21. A Law Unto Themselves: Murals in the Northern Ireland Conflict
Fiona McGaughey

22. Breaking the Frame: Abortion Under Arrest in Contemporary Visual Art?
Natalie Linda Jones

23. The Arts, Artists And Crime: Can The Body Ever Be Severed From The Body Of Work?
Greg Dale

Art in International Law
24. Art and Human Rights Law
Sarah Joseph

25. Image and Art in the Whaling in the Antarctic Case.
Alice Palmer

Index