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Vol 22 No 12 Dec 17/Jan 18

Book of the Month

Cover of McGregor on Damages

McGregor on Damages

Edited by: James Edelman, Simon Colton, Jason Varuhas
Price: £440.00

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Visual Arts and the Law: A Handbook for Professionals

ISBN13: 9781848220867
Published: July 2013
Publisher: Lund Humphries Publishers Ltd
Country of Publication: UK
Format: Hardback
Price: £30.00

In stock.

This essential handbook offers art professionals and collectors an accessible legal analysis of important principles in art law, as well as a practical guide to legal rights when creating, buying, selling and collecting art in a global market.

Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases. The book embraces the interdependence between legal, ethical, as well as art-historical considerations.

It addresses fundamental topics such as:-

  • the role of due diligence in buying and selling art;
  • the issues which can arise when relationships or transactions are not formalized by a written contract;
  • critical differences in individual nations' copyright regimes, such as moral rights and artist resale rights;
  • how courts analyse copyright infringement cases in visual art;
  • specific laws relating to auctions and the relationships among the auction house, consignor and buyer;
  • the balance between freedom of expression and an individual's rights of privacy and publicity;
  • the liabilities of expert opinions on authenticity and on the valuation of works of art; and how the statutes of limitation apply to works that have been stolen or whose legal title is otherwise challenged.
This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys, and students of art and law.

Art and Cultural Heritage Law
Author's Preface
Introduction: Legal Definitions of Art

Part One: Artists' Rights
1. Freedom of Expression and Controversial Art
2. Personality Rights: Rights of Privacy and Publicity
3. The Principles of Copyright
4. Copyright Infringement and Defenses
5. Moral Rights
6. Artist Resale Rights/Droit de Suite

Part Two: Artists' Relationships
7. Artist-Dealer Relationship
8. Commissions

Part Three: Commercial Aspects of Art
9. Private Disposition of Art
10. Auctions
11. Expert Opinions (Appraisal and Authentication)
12. Title Problems and Stolen Art

Conclusion: The Enforcement of Law