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The fair use test can hinge on market effects: Did the unauthorized copy take sales away from the original artwork? After all, copyright law assumes that a viable market must exist for a work to deserve protection. The issue is that technology has unsettled the economics of creating original art by empowering people to make literature, visual art, music, and other forms of content in unlimited quantities and at zero-prices. This has quietly inspired a few courts to expand the scope of exclusive rights to include non-price interests like one's integrity or reputation (did the copy harm the artist's reputation?) because zeroprice art would ostensibly lack a market. While incorporating an artist's integrity or reputation into the analysis might help copyright to promote what actually motivates contemporary artists, it would also enable artists to squelch criticisms, unflattering portrayals, and parodies of their works, frustrating copyright's goal of disseminating new and meaningful expressions. This Essay explores how copyright should balance fair use and exclusive rights in the era of "free art" by interviewing scores of artists and authors about why they give their works away and what they expect. It finds that producers of zero-price content have devised a unique rule, which has no basis in copyright law: Third parties may copy and use another's zero-price art so long as it remains free. Subjects expressed anxiety that a "soulless corporation" could use their art in a product or advertising campaign, creating the guise of a partnership. One artist insisted that putting a price tag on art transforms it into "merchandise." While copyright assumes that zero-price content generally lacks a protectable market, the interviews show how copying can discourage artists from creating zero-price content or widely sharing it with global audiences. This Essay asserts that the fair use test must modernize, akin to other bodies of law, in recognizing the importance of zero-price markets. After all, the rise of free art has revolutionized the creative process by fostering new mediums and expressions as well as perspectives of those who were historically excluded from the arts--copyright's precise goal. [ABSTRACT FROM AUTHOR]

The article discusses the concept and value of the art law. It provides brief discussion of the art law, which offers a multi-disciplinary practice that requires extensive knowledge of diverse substantive areas such as contracts, real property, and trusts. It also offers background of the history and origin of art law and traces the legislative and regulatory developments of the evolving field.

The article focuses on the law appealing to art in order to fulfill duties. Topics discussed include Colombian legal theorists that call on humanists and artists to help interpret new legislation that guarantees comprehensive human rights; symbolic reparations-for victims of armed conflict under the Colombia's Law 1448; and symbolic reparations as available remedies.

The relation between art and law is not limited to the scope of censorship or constitutional protection of works of art. The endless tension between State censorship and freedom of expression, even if it highlights the justifiable need to secure the autonomy of art vis-à-vis law, leads us to ignore the common philosophical matrix of the two normative phenomena. The article aims at illuminating the ontological, aesthetic and political parameters of the production of art/law, through the analysis of two important films, Prova d'Orchestra ( Orchestra Rehearsal) by Federico Fellini and Blow Up by Michelangelo Antonioni. [ABSTRACT FROM AUTHOR]

The article considers the changing approaches to the freedom of artists to exhibit given the growing relationships between exhibiting galleries and state funding. It notes that art is not always clear to meaning and has particular conventions and specific roles within societies. It presents the conflicts that exist not only between artist and institution but within the individual's own mixed position as agent for an institution.

The article presents commentaries on the relationship between artist's unfinished works and copyright law in the U.S. It discusses the history of Visual Artists Rights Act (VARA) and Le Droit Moral in the country and abroad. It notes that VARA reflects a change in the established copyright law of the country as it recognizes that the visual artists have the rights in their works separate from economic rights. It tackles VARA's official extension to unfinished works and the relevance of the First Circuit's decision on the case of Christoph Büchel to the future of VARA.

The Visual Artists Rights Act of 1990 (VARA) broadened general copyright protection under U.S. law by granting to artists who have created certain copyrightable physical works of visual art, the moral rights of attribution and integrity. Since the time of VARA's enactment (and for some time before) many artists have worked with unconventional genres and media to produce art that is not comfortably accommodated among the visual art works contemplated by VARA. An increasing number of recent works of Conceptual and Appropriationist Art raise doubts about fixation and original expression, both of which are required for copyrightability which, in turn, is required for a work to be protected under VARA. This article discusses the uncomfortable fit of VARA and many contemporary works of art, particularly those that incorporate to a significant degree living objects in their natural state. It focuses on the recent dispute involving a VARA claim in a living landscape (Kelley v. Chicago Park District) and discusses similar works of art in which living elements play a critical role in contributing to the meaning and aesthetic value of the work. It argues that in these works, and indeed in Conceptual Art in general, authorial contributions tend to be ideational rather than expressive, and that the application to them of copyright rights and moral rights is both unnecessary and undesirable in promoting a productive and imaginative cultural milieu. [ABSTRACT FROM AUTHOR]

This article analyzes research and legal cases about authorship, authenticity, and intellectual property in Aboriginal art. The concepts of Aboriginality, authenticity, and ownership are used to show the complexities of Aboriginal law, legal copyright, and the moral rights framework. The clan ownership of Dreaming makes Aboriginal artists' relationship different to other artists' individual ownership of their work. Research on this topic by members of the Faculty of Business and Law unit of the Centre for Leisure Management Research at Deakin University was undertaken for the Australian Institute of Aboriginal and Torres Strait Islander Studies. This article provides significant contextual analyses of major issues leading to Commonwealth Government inquiries and legislation in Australia during 2006-8. [ABSTRACT FROM AUTHOR]

The article examines the advantages, benefits and issues related with the copyright and moral rights of artists and other parties involved. The article discusses the potential to attain better balance to current hostility between content owners and content users whose legal interests are involved with copyrighted visual work. It evaluates the visual expressions of ideas through the lens of copyright law, human rights law, privacy law and effective business models to show the importance of moral rights in the modern copyright environment. It notes that moral rights are fundamental rights for authors of visual works but still do not enjoy unified international jurisdictions.

This article discusses state support of artists in the United Kingdom, focusing on the Arts Council England. To understand the present—or the future—support of visual artists, one needs to understand the past. Accordingly, the article begins with a brief history of the Arts Council of Great Britain from 1946, discussing Thatcher's reforms after the 1979 election. Tony Blair's New Labour continued many of the same strategies instituted by the Conservatives. At the same time as fiscal constraints and "enterprise culture" were imposed, the mission of the Arts Council was broadened to include both geographical representation and a more populist agenda. A review of the contemporary arrangements for state support of artists in the United Kingdom shows that many of the tensions that exist within today's Arts Council were institutionalized in its early days. The article concludes with a comment on what the current situation may portend for the future. [ABSTRACT FROM AUTHOR]

This article deals with the emerging discourses and concerns that have dominated the Iranian art community mainly since 1997. It discusses the existing, or rather conflicting, views of the current situation of the visual arts in Iran as expressed in recent artistic events, productions, and exhibitions as well as in critical reviews.2 It does not fully discuss the variety of artistic genres in Iran, but examines the dominant ideas from the main opposing factions of cultural and artistic thought. It also aims at identifying the structural changes in Iranian art as well as the prevailing artistic policy of recent years. [ABSTRACT FROM AUTHOR]

The article discusses the Electric Chair series of artist Andy Warhol in light of the legal discourse on capital punishment in the U.S. and on analyzing the dialogic relationship between art and law. The subjects that Warhol was intending to portray were represented through photographs and paintings, which seem to call attention to man's fascination with death particularly on the spectacle of capital punishment.

This paper provides a snapshot of recent developments affecting Indigenous artists and their communities, with a focus on Indigenous communal moral rights, resale rights and Indigenous protocols. Whilst there is an appreciation of the value that Indigenous art and culture provides both domestically and internationally, there appears to be resistance to introducing legislation or schemes to ensure Indigenous artists and their communities benefit financially. [ABSTRACT FROM AUTHOR]

While not mutually exclusive of one another, legal and art world thinking are likely to retain their differences in definition and handling of works of art and the moral rights of their creators. The inequities of copyright law in coping with visual works of art have to some extent their origins in the analogy to written works. Even if delimited categories of works are characteristic of most present day copyright statutes, traditional work categories do guide legal thinking all the same. Fair use and moral rights are issues, which concern both the judiciary and the art world. In this article, some works of art are cited which are recognized by the art world, but which in the past have lacked copyright protection and some case histories are reviewed that can exemplify the sources of conflicting evaluations. These evaluations are then directed towards the problems of defining derivative art works and maintaining work integrity. [ABSTRACT FROM AUTHOR]

The article offers practical and legal advice for artists worried about their ability to freely express themselves. It discusses pornography as it relates to the concerns of artists and photographers in 1996. It highlights the case of Ejlat Feuer who was charged with violation of child pornography laws. It cites the rules on works of art considered as pornographic. It explains sexual explicit conduct. The author advises artists to show the work before publication or display to an attorney versed in First Amendment and arts matters, and obtaining a written legal opinion as to whether the work appears to violate federal or state pornographic laws.

Examines the legal rights of artworks. Correlation between the rights and obligations among artists and owners of artworks; Illustration of the rights of an artwork against the proprietor; Importance of determining the real artwork in recognizing the right of an artwork.