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The article focuses on arts policy in Australia. It mentions the lack of a well-defined regulation for the arts culture and discusses the efficacy and social value of government programs for the sector. It provides a contrast of arts from sports, stressing the success of Australian sports. It highlights the microeconomic reform, particularly the cancellation of the Place of Public Entertainment law which is inferred to induce the growth in local music.

The article discusses a study which aimed to determine the importance of common law theories and disclosure requirements in the market for fine art in the U.S. It explains the early English common law on express warranty from mistaken authenticity, policy concerns to cover merchant liability and proposal to adjust buyer protection. It concludes that adopting a law of flexible disclosure requirements will not only benefit buyers but will also increase the market prices of art masterpieces.

The article discusses anti-seizure legislation exempting cultural objects loaned to borrowing institutions from legal process in Australia. The author describes the benefits of cultural exchange in the form of international art loans for exhibition and outlines the legal risk of art lending such as third-party claimants seeking to take possession of the object. Other topics include the vulnerability of art loans due to public exhibition, variations in anti-seizure law, and legal challenges to the possession of a group of aboriginal bark etchings loaned to the Museum Victoria at Melbourne, Australia from the British Museum and Royal Botanical Gardens at Kew, England.

The Droit de Suite, known in the UK as Artists' Resale Rights, provides an artist with the inalienable right to receive a royalty based on the resale price of an original work of art. This paper provides an empirical analysis of actual changes in the UK auction market for art that is newly subject to the Droit de Suite (DDS) because of a change in law. All changes are measured relative to changes for art not subject to the DDS and relative to changes in the auction markets for art in countries where there has been no change in law. We do a difference-in-difference analysis, differencing price growth and sales growth across market segments and across countries over the period 1993-2007. Our results suggest that the introduction of the DDS has not had a consistent negative impact on the UK art auction market during the period of study. [ABSTRACT FROM AUTHOR]

The article discusses copyright issues with digitally accessible collections owned by art museums. Museums show a great interest in providing free digital access to their collections while still defining allowable and prohibited uses, through copyright law or licensing agreements. However, current law in the U.S. makes it difficult for museums to get the type of protection through copyright that would be ideal for digitally accessible works.

The article examines the protection available to visual artists in the form of art statutes. However, the artist-gallery relationship only continues to be fruitful for the artist as long as the gallery is able to sell the artist's works, and as long as the gallery remits payment to the artist as required. More than 30 U.S. states and the District of Columbia have implemented consignment statutes governing the artist-dealer relationship.

When a forgotten mural painted by the Jewish-Polish artist Bruno Schulz was rediscovered in 2001 a string of legal issues were unravelled. Who could rightfully claim ownership to this work of art? Was it the Holocaust museum Yad Vashem in Jerusalem, because Schulz was a Jew killed by the Nazis, and because it is a museum that has the means, experience and know-how to restore and preserve the work properly? Or Ukraine on whose sovereign soil it had been found? Or Poland whose citizen Schulz had been? When five fragments of the newly discovered mural, which had already been restored to a certain extent by Polish conservationists, were taken to Israel by Yad Vashem representatives it resulted in political outrage. The incident illustrates how certain artistic works fall through the cracks in the law especially when it comes to the multi-faceted needs of the artworks in a globalised world. This article illustrates the weaknesses in various legislations dealing with ownership and access to art, mainly intellectual property law. It is argued that current regulation is sometimes ineffectual and must be discussed in order to cater for all the various aspects and needs of art and the public interest in it. [ABSTRACT FROM AUTHOR]

This article considers the legal difficulties associated with restituting Holocaust-looted art. Can such claims provide platforms for examining the associated cultural implications of both the looting and restitution programmes? Notwithstanding its centrality to Nazism and the Holocaust, looting's reversal was not a post-war Allied priority. Consequently, looting's painful after-effects leave a sense of unfinished business. Restitution traditionally envisages a high profile for law and, in particular, courts. Taken together with restitution's importance within reconciliation processes, this highlights that these cases are clearly located within transitional justice discourse. For example, property restoration is entwined with reconstitution of individual and group identities. The article concludes that restitution is crucial to successful completion of transitional justice processes. However, law's role must be re-imagined beyond the current adversarial/judicial paradigm which fails within its own limited understandings of restitution and hampers rather than enhances reconciliation processes. [ABSTRACT FROM PUBLISHER]

This article introduces the new research project of the Geneva Art-Law Centre, which aims to study alternative dispute resolution (ADR) methods for art-related disputes. It gives a brief introduction on the topic of the research the project - the significant potential of ADR mechanisms in art law - and provides an overview of the growing international consideration for ADR in art-law matters. While types of art-related disputes vary considerably from case to case, certain common features may be identified to explain the need for adapted dispute resolution in this area. The Art-Law Centre's research project will involve the creation of an Art-Law ADR Database recording art-related disputes worldwide that were resolved by means of ADR methods, as well as a thorough case analysis. To illustrate the nature of the research project, this paper specifies the different project stages and gives examples of collected art-law cases. [ABSTRACT FROM AUTHOR]

The article discusses the potential solution to the fair use debacle involving visual arts through the use of the Uniform Domain Name Dispute Resolution Policy (UDRP) in Ohio. It explains that artists may register their works with U.S. Copyright Office and thereby agree to mandatory arbitration to resolve any potential conflicts. It then describes the problems with judicial interpretation of fair use doctrine for the medium of visual arts for better understanding.

The article discusses the applicability of the First Amendment protection to art or visual expressive works sold on city streets which could immunize a vast array of merchandise including licensing requirements in the U.S. It notes that art vending cases have pitted a deep-seated impulse to protect art. It also stresses that equal sale regime has balanced the significant First Amendment and governmental interests while avoiding its related line drawing problems.

This article suggests how law and the arts can shape a community's identity over time, by exploring the unique parallels between the common law and the folk music of the Appalachian region of the United States -- two cultural transplants from the British Isles to the early American frontier. Both preserve a backward-looking, cultural memory at the same time as they accommodate gradual changes in social conditions. Thus, this comparison argues that these essentially unwritten legal and musical traditions similarly transcend geographical and temporal distances, reflect and influence normative attitudes, and rely upon relatively open communicative processes in transmitting their core information. As living traditions, then, the common law and Appalachian folk music open small but important spaces for pluralistic discourse, where social conflicts can be reconciled over time and new identities forged from old ones. [ABSTRACT FROM AUTHOR]

An essay is presented on the intellectual property (IP) rights of American Indians and their tribes in the U.S. It highlights the IP issues of American Indians, Alaskan Natives, and their tribal governments. It provides details on the Indian Arts and Crafts Act which is enacted to protect Indian artistic works and to assist their tribal economic development. It discusses the protection of tribal and individual names and their uses on commercial products, such as automobiles and businesses.

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 article discusses the definition of art from a legal perspective and looks at Great Britain's Copyright, Designs and Patents Act of 1988 (CDPA), which explains which artistic works are protected by copyright laws. Various examples of case law are presented, including "Britain v. Hanks" which concerned the artistic quality and sculpture of toy soldiers and a case which concerned whether frisbees, made by the Wham-O Manufacturing Co. Lincoln Industries Ltd, were sculptures based on the process of their manufacturing. It also discusses the case "Lucasfilm Ltd & Ors v. Ainsworth & Anor," which involved the artistic and utilitarian worth of Stormtrooper helmets from the motion picture "Star Wars."

The article focuses on the relationship between the study of law and writing periodical essays in Great Britain during the 18th century. It mentions several serials such as "The Spectator" and "Mirror" which are regarded as records of resistance to present social corruption whose final ability to halt civic decline depended upon the participation of future readers. It also highlights the role of periodical essayists who are recognized as popular writers in terms of the lawyer's ideal vocation.

A variety of algorithms, forms and other legal aid that relate to articles that appeared in the July 2010 issue of "Art Antiquity and Law" are presented.

In this article, the categories of literary, dramatic, musical and artistic (LDMA) works in which copyright subsists are considered, and an argument made that the legislature’s division of protected works into categories is appropriate given the psychology of art appreciation, and the fact that in order to perceive a work qua work one must perceive it in relation to a category of work. Nonetheless, an argument is also made that the statutory definitions of LDMA works suffer from the defects of formalist theory. Those defects are outlined, and an alternative theory of works proposed, drawing on the scholarship of art theorist Kendall Walton and the intentional, historical view of the work developed in a recent publication (J Pila, ‘An Intentional View of the Copyright Work’ (2008) 71 MLR 535–58). According to that theory, LDMA works are constituted in part by their properties of form and in part by the history of their individual production. Consistent with this, the statutory categories of work are cast as denoting authorial traditions: evolving practices of LDMA expression that exist and are experienced in a particular social context. In addition to its general explanatory and normative value for copyright, this theory has specific implications for the legislature’s expression of the categories of works in which copyright subsists. [ABSTRACT FROM PUBLISHER]

This article discusses illustrations in Polnoe sobranie zakonov Rossiiskoi Imperii (PSZ) [Complete collection of the laws of the Russian Empire]. Executed in St. Petersburg 1830-1916, PSZ is a multi-volume monument of the imperial Russian legal system and contains over 2,000 lithographs of uniforms, flags, and other paraphernalia. Inherently technical, the images and particularly those of uniforms convey the normative regulations issued by the Russian administrative apparatus. They touch upon the education and social status of artists, disclose the regimental and utilitarian attitude toward government-sponsored art, and convey a false sense of security and stability in a nation heading for revolution. [ABSTRACT FROM AUTHOR]

The article discusses the issue about deaccession of objects from public museums and art galleries in Great Britain. It states that the issue is against the background of apparent further softening of the country's curatorial attitudes towards deaccessioning emerging from the 2008 variation of the Code of Ethics for Museums of the Museums Association. It defines the word deaccession which means the act of removing an object from a museum or art gallery in order to sell it. It mentions that the implementation of the reform may enable scarce resources to be put to better use by museums and galleries.

The article discusses the Holocaust (Return of Cultural Objects) Act 2009 in Great Britain. It states that the act allows particular institutions in the country to relinquish Holocaust-related material. It mentions that the relinquishment will appear mainly in response to claims by Holocaust survivors or their descendants. However, it cites the claim of the descendants of Dr Feldmann, in which the British Museum's did not comply with the act. Moreover, it cites the new legislation which is driven by both in regard to the material that might be relinquished and in regard to the institutions covered.

The article discusses the German model for choice-of-law on droit de suite in Great Britain. The German model, which is developed in the case law by the German Federal Court of Justice, may be a suitable starting point to develop a choice-of-law rule for the European resale right and its implementation legislations by the Member States under Article 8 Rome II Regulation. However, the model is only suitable to handle resales with connections between one Member State and a third State. The choice of law rule has to be refined to the effect that only one implementation legislation of a Member State governs the artist's resale right within the internal market.

The article offers information related to the problems in applying traditional cultural expression laws to the unique medium of dance. It discusses the Intellectual Property Laws Amendment Bill, 2007 introduced by the South African government on May 5, 2008. It states that while such legislation may seem beneficial to the protection of traditional cultural expression, it hinders the development of some forms of traditional cultural expression.

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]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prolegómenos Derechos y Valores is the property of Prolegomenos Derechos y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the court case Chapman Kelley versus Chicago Park District in Illinois, in which the Northern District of Illinois refuses to extend Visual Artists Right Act (VARA) to the plaintiff's art work titled "Wildflower Works I," because the court determines that the work is not copyrightable. It discusses the historical background of moral rights, the adoption of the U.S. of VARA, and the courts' treatment of these art-related cases. It summarizes how the district court refuses to extend VARA protection and analyzes how and why the courts resist to grant VARA protection.

An essay is presented on the artwork of artist Felix Gonzales-Torres involving a viral strategy meant to infect power in an attempt to bring greater conditions of social justice. He contends that the viral strategy of art making models by Gonzales-Torres is a vital strategy for infecting the apparatuses of power with progressive agenda geared toward the realization of greater social justice. He stresses the significance to infect power in institutions toward the realization of justice.

This paper reconsiders the poetry of Okot p'Bitek in light of both his formal legal education and the principles of traditional Acholi law. Okot claims in Artist, the Ruler that traditional African poets actually create and proclaim law at a fundamental level in society. Okot himself, as a poet in the "traditional" mode, can thus be understood as performing a similar function, particularly in his poems Song of Lawino and Song of Ocol, which can be read in terms of the reconciliatory procedures of traditional justice and, jointly, as an expression of the contemporary value (and possible complications) of traditional law as a response to the legal norms inherited from the British colonial legal system. Given recent debates about the efficacy ot traditional justice in promoting reconciliation in Northern Uganda, a "legal" reading of Okot's poetry demonstrates the continuing relevance of his perspectives with regard to traditional art and culture. [ABSTRACT FROM AUTHOR]

This paper argues that law and society are disconnected in practice, and that this is attributable, in part, to law's disconnection from the arts and humanities in our schemes of formal education. When we draw out the legal yarn from its cultural fabric, we find that it is remarkably thin. It is especially inadequate to describe the complexity of human interconnection, and even lacks a language to express such commonplace connections as unmarried romantic cohabitation and non-profit clubs. To understand human interconnection and the law's connection to society, we must read the law 'in context' - as being one fabric, one textile, with other literatures - and we must read with an appropriate ethic. To that end, this paper reads the law in the context of Dickens's Bleak House, which has been called 'a novel of connections', and Forster's Howards End, which exhorts us to 'connect the prose and the passion'. [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 focuses on the issues concerning the Constitutional scope and limits to the copyright law in the U.S. The issues regarding the need to expand and add legal intellectual property protection highlights the need for the enforcement of constitutional limits on copyright protection. Common law countries and civil law countries belong to the intellectual property world. Moreover, the international copyright law regime will lead to a worldwide harmonization of copyright laws. The constitutional limits on copyright law includes the freedom of speech, freedom of the arts, and freedom of science.

After the relationship between form and content in art and law is surveyed and the axiomatic approach to systemicity in both philosophy and law of both the classic and modern ages is scrutinised, the want of axiomatisability-in presence of correlations between axiomatism and law notwithstanding-is established. The very nucleus of any axiomatic system is that in some set of building blocks there are few foundation stones from which one given overall building can be built up in one given form and with the inherent necessity of that the operation, in the security of reaching the same end result, can be repeated by any actor at any future time. However, the relationship amongst the constituents of legal systems is not such as to allow to make up their edifice in exclusively one form, only if the procedure is defined and some constituents as foundation stones are designated. For legal systems are truly dynamic systems thoroughly built on substantive interconnections. Therefore they resist-albeit idealise-axiomatisation. In consequence, exclusively the heuristic value of the axiomatic ideal can be fully implemented and scholarly realised in the domain of law. [ABSTRACT FROM AUTHOR]

This article opposes the foundations of moral rights scholarship, law and theory and that laws derived from the concept of moral rights endanger art although it claims to protect it. It explains that moral rights refers to the rights of artists to their creation even after their work has already been purchased by a buyer. Moral rights is European in origin and it became part of U.S. law since the enactment of the Visual Artists Rights Act of 1990. The notion of integrity in moral rights allows an artist to prevent the modification and destruction of his art work and this notion fails to recognize the artistic importance of modifying or destroying works of art.

The article presents an analysis on the worldwide calibration of moral rights and copyrights. It cites that the moral rights legislation of Australia and the droit d'auteur or author's right of the U.S. and France are more favorable to authors and their audiences. It stresses that copyright and moral right laws differ from each other and have analogues bodies of law in various jurisdictions. It notes that moral rights tenets particularly authorial and work integrity rights are significant for visual work authors. It mentions that the Berne Convention places minimum standards and utilizes broad language in the domestic implementation of copyright laws. It states that the protection yielding from copyrights is not enough from the view point of aesthetic works.

The article focuses on proceedings concerning Holocaust art claims and the public international law which covers such claims. It discusses two aspects of the public international law's effect on Holocaust art claims. These include the principle of restitution and the obligations of third party States have in connection to the principle, as well as the extent to which State immunity can hinder the pursuance of such claims under municipal law. It provides information about how restitution is defined in the international law, as well as the history of the provision for returning looted art.

The article focuses on the growing trend of art market in Poland. It states that the growing popularity of this kind of market has stimulated the development of a new line of banking service called art banking and increase in the cases of theft. An overview on the general rule related to art trading system is also presented. It discusses Polish Civil Code 169 wherein it emphasizes the protection of the purchaser and protection of the country's cultural heritage. It highlights the need for the government to create legal institutions that will guarantee security of the business industry. It also emphasizes the significance of the amendment of the Civil Code 169 and the enforcement of a professional market regulation. Strengthening the role of the Centre of Public Heritage Protection is also noted.

The article traces the ways of Henry de Bracton's principles of justice and equity which had helped shape the ways Shakespeare thought about punishment in his play. Bracton is a jurist of the thirteenth-century and hailed as the Blackstone of his day for his "On the Laws and Customs of England." A comparison between law and drama is offered, which states that the former addresses violations of legal statutes, while the latter deals with a full range of wrongs. Meanwhile, the study of legal notions of punishment is said to illuminate drama, and the practice of playwrights portrays the legal conceptions of behavior. It explores the manifestations of Bracton's work in relation with the playwrights of Shakespeare.

The article evaluates the implications of the parody protection discussed in the Trademark Dilution Revision Act of 2006 (TDRA). It talks about the importance of the trademark law in the arts and entertainment industry and the history and mechanics of the dilution law. Cases of trademark parody before the TDRA was passed and the interpretation of the courts regarding this law are discussed. The article also explores the case "Louis Vuitton Malletier v. Haute Diggity Dog," where the TDRA was applied.

The article deals with principle that ideas are not protected by copyright law. This principle is one of the tools ensuring the balance between the authors' interest to have exclusive rights to their works and the interest of the society to use the information freely. Even though the rule that ideas are not protected is commonly accepted and established in some international and national legal acts, the application of this rule remains problematic. Three main issues are discussed in this article. The first one is the concept that ideas are not protected and its legal regulation. This principle can be approached in a few ways. First, it means that the ideas which have not yet been expressed can not be treated as a subject of copyright. Second, it means that copyright protects the original expression of ideas, thoughts, concepts etc, but not the ideas themselves. When the work expresses the content of commonly known matters the scope of the legal protection of such works is clear and the content is not protected. But the problems arise when the work expresses the original ideas. The above mentioned problem is discussed as the second issue of this article. The question of the legal protection by copyright of the original ideas is related to one of the peculiarities of copyright protection which means that the subject of copyright protection is the form of the work, the original expression of ideas, concepts, views etc. So if the work expresses an original idea, the problem of idea/expression dichotomy arises. The article gives some examples how the courts in France and the United Kingdom deal with this problem. Despite different legal traditions it is possible to find in these countries some common trends of application of the principle that ideas are not protected as far as original ideas are concerned. It could be said that this principle does not apply automatically excluding protection for all the elements of works' content. When the work expresses original ideas it should be analysed which elements of work determine the originality of work. If the main value of the work is its original content (ideas, thoughts, concepts, screens) and if it is expressed by the concrete, detailed manner, copyright should protect the elements of the content. However, the principle of that ideas are not protected by copyright still remains applicable in cases when the ideas are not original ideas or abstract. The third problem analysed is a question of legal protection of contemporary works of art and music. These works, for example, the Jon Cage's "4' 33"", are only ideas which do not need to be expressed in any specific way. The first problem is related to the originality of such works, the second - with the form or expression and the third - with the question of the scope of legal protection of the works analysed. The conclusions of the article identify the main rules of application of the principle that ideas are not protected. [ABSTRACT FROM AUTHOR]

This essay presents a political reading of Sophocles' play "Antigone." The essay discusses the work as being a questioning of legality and law and mentions the play's violent aspects, as well as authority and the emergence of law in a democratic, sovereign society. The essay discusses the relationships between law, morality, and religion, along with Greek tragedy, the characters Creon and Antigone, conflict and revolutions within legal systems, and the political situation in Athens, Greece, in fifth century BCE.

The article discusses aspects on the limitations of the Visual Artists Rights Acts of 1990 (VARA) by studying the unique arts of Christo Javacheff and his wife Jeanne-Claude in the U.S. The author is critical of the refusal of First Circuit to allow site-specific art to be protected by the act preventing artists from practicing their rights of integrity and attribution. A proposal to amend VARA for the extension of protection to site-specific artworks is advised. A background of the artworks of Christo is also discussed.

The article analyzes the extent to which the law of copyright can alleviate the creation of fine arts in China. It notes that the issue regarding the operation of copyright law in China is complex since its tradition of artistic creation is said to be founded on imitation. It narrates a brief history of the Chinese copyright law which was officially passed in 1990. It discusses the relation of copyright law with fine arts, how Chinese tradition perceives the issue of copying, the treatment of artistic works under Chinese copyright law, and the interplay between copyright law and fine arts in promoting creativity for the latter.

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.

The article examines the facts, arguments presented and the decision reached in the Nussenzweig v. DiCorcia case. It looks at the procedural matter and constitutional laws averred in the case which pertains to the right to privacy and of free speech. Legal considerations and constitutional bases of the right to privacy is discussed as the constitutional protection of arts. With the considerations on the privacy right in New York, the article argues that New York State should recognize the personal right not to be photographed without prior consent.

Arts development policies increasingly tie funding to the potential of arts organisations to effectively deliver an array of extra-artistic social outcomes. This paper reports on the difficulties of this work in Northern Ireland, where the arts sector, and in particular the so-called 'traditional arts', have been drawn into a politically ambiguous discourse centred on the concepts of 'mutual understanding' and, more recently, 'social capital'. The paper traces the recent history of these policies and the difficulties in evaluating the social outcomes of arts programs. The use of the term 'social capital' in the work of Putnam and Bourdieu is considered. The paper argues, through a rereading of Bourdieu's articulation of the 'forms' of capital and Eagleton's 'ideology of the aesthetic', the concept of social capital can be released from its current neoliberal trappings by imagining a reconnection of the concepts of 'capital' and 'the aesthetic'. [ABSTRACT FROM AUTHOR]

The article examines the emergence of art and antiquities restitution cases being brought before U.S. federal courts under the Foreign Sovereign Immunities Act (FSIA). Section I introduces the topic with a retrospect to the expropriation of millions of pieces of art and antiquities during the World War II, while Section II traces the evolution of the doctrine of foreign sovereign immunity in U.S. law. Moreover, Section III documents the recent art and antiquities cases that have been decided by U.S. law under the FSIA, Section IV examines whether the FSIA's use as a 'sword' to bring the arts and antiquities cases is appropriate under U.S. law, and Section V examines three legal doctrines that may soften the blow of the FSIA as a tool for gaining jurisdiction over foreign States.

This article argues that, with respect to the copyright protection of works of visual art, the general uneasiness that has always pervaded the relation- ship between copyright law and concepts of creativity produces three anomalous results. One of these is that copyright lacks much in the way of a central concept of visual art' and, to the extent that it embraces any concept of the visual', it is rooted in the rhetorical discourse of the Renaissance. This means that copyright is poorly equipped to deal with modern developments in the visual arts. Secondly, the pervasive effect of rhetorical discourse appears to have made it particularly difficult for copyright law to strike a meaningful balance between protecting creativity and permitting its use in further creative works. Thirdly, just when rhetorical discourse might have been useful in identifying the significance and materiality of the unique one-off work of visual art, copyright law chooses to ignore its implications. [ABSTRACT FROM AUTHOR]

The article explores the relationship between economist John Maynard Keynes and the Bloomsbury Group as part of the inspiration for his theories policies about Great Britain's national policy regarding the arts. The author uses Keynes's correspondence with painter Vanessa Bell, ballet dancer Lydia Lopokova, and editor of the magazine "Nation" Kingsley Martin as a basis for her research. What became the British Arts Council was advocated by Keynes and became a model for the U.S. National Endowment for the Arts and similar organizations in Canada, Australia, and New Zealand.

The article focuses on the ways in which the obscenity laws of Great Britain and the U.S. affect the contemporary art. It analyzes the Obscene Publications legislation of England and Wales, and the decision of the U.S. Supreme Court to take obscenity outside the First Amendment protection for freedom of expression. Also, the use of the ancient English common law offense of outraging public decency to criminalize contemporary art is examined.