The Law of Art and Antifacts

LSLW599-61

Summer 2008

Materials

Required Reading

D: = DuBoff, Leonard and Michael Murray, Art Law: Cases and Materials. (Buffalo, New York: William S. Hein and Co. 2004)

K: = Kimmelman, Michael: The Accidental Masterpiece: on the Art of Life and Vice Versa. (London, England: Penguin, 2006)

As Posted Daily and Weekly on BlackBoard:

Grading

PURPOSE OF THIS COURSE

Students must read the assignments prior to class, come prepared to discuss the issues intelligently, participate in class discussions, and be prepared to apply their knowledge creatively to problems assigned in class. The purpose of the course and its rules are as follows:

1. To explore the legal basis of ownership of intellectual property in artistic form.
2. To explore rights flowing from ownership.
3. To develop an understanding of art law as a social and structural method of negotiating competing concepts of ownership, possessory rights, and moral rights.
4. To understand the restrictions on the transfer of rights, acquisition, and movement of art and antiquities.
5. To develop the abiltiy to apply legal principle to disputes and problems arising from ownership, transfer, licensing, and movement of art and antiquities.

NOTES

1. Reading assignments must be prepared in advance of the class meeting date.
2. Not all course material is covered in the text. Examinations may include material covered by lecture, class discussion, handouts, demonstrations or lab sessions in addition to assigned readings.
3. There will be no makeup examinations.(1)
4. Class attendance is mandatory and class participation will be rewarded.
5. Recommended reference books and supplemental reading materials will be assigned.
6. Students are encouraged to work cooperatively.
7. DO NOT FAX ASSIGNMENTS UNDER ANY CIRCUMSTANCES.

TOPICS AND ASSIGNMENTS

All assigned chapters refer to the text. Specific assignments within the pages assigned may be announced in class. See BlackBoard regularly for other assignments. All topics will be covered on a flexible schedule depending on the needs of the class, and other factors. Preliminary dates are provided.

DAY / TOPIC / ASSIGNMENT

PART I - The basis of ownership in art and antiquities - intellectual property rights
08.11.08	What is art? What are the different kinds of art? What is an artist? What does law have to do with art? Legal Definitions: Customs Definition and sources of law
08.12.08	What is art continued.   Intellectual property basics. Can you patent an art process? Can you trademark a painting? Can you copyright art? Legal definitions of art.	D:Ch1; See Also, Silberman v. Innovative Luggage, 67 USPQ2d 1489 (SDNY April 3, 2003) and 17 USC sec. 101.   K: Begin reading - finish for the beginning of second week. See BlackBoard for images under Course Documents   D:Ch4, Ch5
08.13.08 and 08.14.08	Continued
08.18.08	The movement of art and artifacts during wartime and preservation of art and cultural property	D: Ch2, Ch3
Continued	Moral and Economic Rights and publicity	D:Ch6
08.19.08	Artists business relationships. Guest lecturer on licensing from an international publishing house who manages over a billion dollars in intellectual property world-wide	D:Ch 7
08.20.08	Auctions and other transactional issues	D:8
PART II - First Amendment Issues and Artist Rights in the Work
08.21.08	Museums	D: Ch9 - Lecture and Class
08.25.08	Freedom of Expression: First Amendment issues, censorship, and community standards. Can Alabama decide what is art?	D:10
08.26.08	Crime and art: Recovery, investigation, art registries.	Film.
08.27.08	FINAL EXAMINATION DUE	See BlackBoard and email for directions
08.28.08	Trip to Artist's Studio to See Art and Artist.

(1) Make up exams will only be considered in the event of kidnapping, terrorist acts, national emergency, or death (yours)