Law & the Arts

SLN #: 73106
Course Prefix: LAW-791
Course Section: 017
Credit Hours: 2-3
Instructor(s): Stanton
Course Books: View List of Books

Course Description:
The course examines the intersections of law and the “art world.” We will consider the interrelated complex of painters, sculptors, print-makers, art schools, dealers, auction houses, individual and corporate collectors, museums and museum personnel, art historians, critics, experts, the art press, interested foundations, the relevant people at the National Endowment for the Arts and Humanities, state and local arts administrators and others, including a small but growing visual arts bar.

Among the topics this course discusses are: (1) International law and the fate of works of art in wartime: plunder and destruction as war crimes; restitutions and reparations; (2) the international trade in stolen and illegally exported art and antiquities; (3) the artist’s rights in the work of art: moral right, copyright and resale right (droit de suite); (4) artistic freedom and its limits (art as libel, political art and the First Amendment, obscenity, censorship through the licensing power, government patronage and support); (5) the artist’s life: artists and dealer, artist and museum, commissions, live-work space, toxic hazards, taxes, estate planning, legal services for artists; (6) the collector: dealing with dealers and auction houses; consumer protection in the print and sculptural reproduction markets; counterfeit art; experts; theft, art-napping and insurance; taxes, gifts to charity and appraisers; (7) museums: the legal character and obligations of museums; trustees, directors and staff; conflicts of interests; blockbuster exhibitions and insurance; de-accessioning and long-term loans; the problem of the insolvent museum.

All students do a brief class presentation.

Additional Information:
Credit Hours: 2-3
Grading Option: Numeric Grade and ONE-Time Pass Option is Available, or Letter Grade Only
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: Yes
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: No
Special Withdrawal Course: No
Limited Enrollment Number: 16
Final Exam Given: No
Paper Or In-Class Presentation: See course description
Attendance Policy: Per Statement Of Student Policies
Additional Attendance Policy: Yes, attendance and participation required.

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.