The Legal Moral Rights Of All Artists

It may be said that the beauty of art comes from the struggle that is involved in creating it: struggle to hear the voice, struggle to understand the voice, struggle to express or articulate the voice, struggle to let others hear the voice, and struggle to protect what has been expressed. This book is about the last struggle--to legally protect what has been expressed by appreciating the struggle that has come before. The Legal and Moral Rights of All Artists is a clear, jargon-free explanation of the crucial concepts every artist needs to know, such as copyright, trademark, work-for-hire and other contract issues, as well as the all-important doctrine of moral rights. Drawing on the historical perspective of the artist as the core element of any created work, this book explains the protection available to artists, not only for their works but also for their vision, integrity, and reputation. Filled with anecdotes and practical advice, this book will be an important resource for everyone involved in the creative process.

This book provides an overview of various ways in which the spheres of art and copyright law come into contact with one another. While copyright laws are domestic in nature, the arts are increasingly international in scope, inspiration, and dissemination. The book highlights some of the challenges inherent in this overlap, ranging from definitional discrepancies between disciplines to circumstances that would benefit from more legal clarity - domestic or otherwise - to provide appropriate guidance to creators and to the organizations that display, sell, or otherwise use their artworks. The book confronts the challenges that are raised today, not only by digitization, but by new media of expression. As international art fairs proliferate, and as artists of all disciplines inspire and build from each other's works and ideas, the role of copyright in an artist's life can only become more important. Artists' Rights introduces artists to legal concepts in the intellectual property space that could become important tools in managing their artworks, now and into the future. [Subject: Art Law, Copyright Law, Intellectual Property Law]

'Art and Authority' explores the sources, nature, and limits of artistic freedom. The author draws upon real-world cases and controversies in contemporary visual art to offer a better understanding of artistic authorship and authority. Each chapter focuses on a case of dispute over the rights of an artist with respect to his or her artwork.

If you license or publish images, this guide is as indispensable as your camera. It provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property, copyright, and business concerns in an easy-to-read, accessible manner. The Copyright Zone, Second Edition covers: what is and isn’t copyrightable, copyright registration, fair use, model releases, contracts and invoices, pricing and negotiation, and much more. Presented in a fun and easy to digest style, Jack Reznicki and Ed Greenberg, LLC help explain the need-to-know facts of the confusing world of legal jargon and technicalities through real world case studies, personal asides, and the clear writing style that has made their blog Thecopyrightzone.com and monthly column by the same name in Photoshop User magazine two industry favorites. The second edition of this well-reviewed text has almost doubled in size to ensure that every legal issue you need to know about as a photographer or artist is covered and enjoyable to learn!

In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. New to this Edition: • Thoroughly revised guidance on new anti-money laundering requirements • Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic • New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions

This book explores human creativity to illustrate how the legal system can protect a wide variety of authors from attribution failures and other assaults to the intended messages of their works.

Models of Integrity examines the relationship between contemporary art and the law through the lens of integrity. In the 1960s, artists began to engage conspicuously with legal ideas, rituals, and documents. The law—a primary institution subject to intense moral and political scrutiny—was a widely recognized source of authority to audiences inside the art world and out. Artists frequently engaged with the law in ways that signaled a recuperation of the integrity that they believed had been compromised by the very institutions entrusted with establishing standards of just conduct. These artists sought to convey the social purpose of an artwork without overstating its political impact and without losing sight of how aesthetic decisions compel audiences to see their everyday world differently. Addressing the role that law plays in enabling artworks to function as social and political forces, this important book fills a gap in the field of law and the humanities, and will serve as a practical “how-to” for contemporary artists.

This article attacks the theoretical foundations of moral rights law. Drawing on contemporary art theory and practice, I focus on the moral right of integrity, called quot;the heart of the moral rights doctrine,quot; which allows an artist to prevent modification and, in some cases, destruction of his artwork. My argument is that moral rights actually endanger art in the name of protecting it. To put it mildly, this is not a popular argument. Indeed, it challenges the key assumptions of virtually all moral rights scholarship: that moral rights are crucial for the flourishing of art and that, if anything, we need a more robust moral rights doctrine. But moral rights scholars have overlooked a dramatic problem: The conception of quot;artquot; embedded in moral rights law has become obsolete. In fact, as I will show, moral rights are premised on the precise conception of quot;artquot; that artists have been rebelling against for the last forty years. Moral rights law thus purports to protect art, but does so by enshrining a vision of art that is directly at odds with contemporary artistic practice. As a result, the law is on a collision course with the very art it seeks to defend.Part I offers a brief introduction to United States moral rights doctrine. Parts II and III set forth my claim that moral rights endanger art in the name of protecting it. Part II challenges the premise in moral rights law that the artist is the proper person in whom we should invest the power to enforce moral rights. Here I dispute the assumption in moral rights laws that there will be a harmony between an artist's interests and the public's interest in a work of art. Ultimately, I question the romantic assumptions about authorship and meaning embedded in moral rights law. In my view, these assumptions threaten to freeze the vitality of artistic discourse. In Part III, I argue that moral rights law overlooks the deep artistic value in modifying, defacing and even destroying unique works of art. In Part IV, I challenge the fundamental premise of moral rights law: that art is a special category of objects meriting exceptional legal treatment.

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first—the value view of rights—argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons’ rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.