7304. Art and Artifacts Law

This course considers how law intersects with visual art, from ancient art and artifacts to contemporary art created with AI. Subjects include artists' rights; the art market and issues of good title and authenticity; the international movement of art and antiquities; and legal issues applicable to museums. Outside of doctrinal concerns, the course confronts the ways that law navigates a series of “Art and...” dualities: Art and Expression, Art and Innovation, Art and Truth, Art and Money, Art and Memory, and Art and Politics. We will consider some of the legal, ethical, and public policy considerations that concern artists, museums, dealers, collectors and others involved in the visual arts and antiquities, addressing art as intellectual property (artists’ rights, copyright and fair use, moral rights, and issues of free expression), as personal property (acquisition of good title, artist-dealer relations, the roles of collectors, auction houses, galleries, and museums); and as emotional and political property (issues of cultural and religious heritage; destruction of cultural and religious heritage in times of conflict; the role of art in personal, communal and family history; and restitution and repatriation issues). Several themes recur throughout the course. How does the law define art? Does the nature of art justify different legal treatment from rules governing other property? Should the expressive nature of art affect how it is owned, protected, or regulated? What legal and ethical obligations, if any, do those involved in the art world have to preserve and protect art for future generations? How do (and should) national, cultural, tribal and familial attachments to art and artifacts affect how it is owned, protected, and regulated?