Art law, simply put, is the body of law, involving numerous disciplines, that protects, regulates and facilitates the creation, use and marketing of art. Art law is not a separate jurisprudence or unified legal doctrine that applies to all of the issues confronting those in the art world. Those involved in the practice of art law look to a variety of disciplines, such as intellectual property, contract, constitutional, tort, tax, commercial and international law to protect the interests of their clients. Some of these legal principles are national in scope, while others vary according to the development of state law. Increasingly, the creation, sale, collection and display of art receive specialized legal treatment by statute, ordinance, regulation, treaty or case law.
Although "art" in the broad sense of the term includes "the arts" (music, film, theater, literature, et cetera), art law as traditionally defined concerns only works of fine art and/or the visual arts. Additionally, art law is closely related to, and often overlaps with, the area known as cultural property law.
Robert C. Lind, Robert M. Jarvis & Marilyn E. Phelan, Art and Museum Law (2002)
This guide provides an introduction to notable resources for conducting art law research available online and in other resources. Given the breadth and interdisciplinary nature of the field, this guide is selective and focuses on general sources on art law rather than sources on specific subjects, such as copyright or the First Amendment. This guide focuses primarily on U.S. law and sources, but it also necessarily includes some foreign and international law since art law is international in scope.
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The material on our research guide’s website is intended to provide only general information and comment to our clients and the public. This research guide is created for educational purposes only. Although we make our best efforts to ensure that the information found on our website is accurate and timely, we cannot, and do not, guarantee that the information is either. Nor do we guarantee the accuracy of any information contained on websites to which our website provides links.
Do not, under any circumstances, rely on information found on our website as legal advice. Legal matters are often complicated. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. For assistance with your specific legal problem or inquiry please contact a knowledgeable lawyer, who practices in your area of need and would be pleased to determine whether she or he can assist you. The State Bar Association is ordinarily a good source for referrals for competent attorneys.
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Art law is a unique specialty area of the law. After all, art occupies many roles in our culture and serves many functions for businesses, governments, museums, families, and artists. Art can be a form of expression, it can be a decoration, it can be a currency, and it can serve as the basis for many careers. Common issues for art law include how works of art should be valued, how to protect intellectual property rights in art, free speech issues, authenticating and dealing with stolen artworks, and a variety of business issues related to the art industry.
Art valuation is particularly important for determining tax consequences of dealing in art and for testamentary purposes. It also has relevance to insurance claims disputes, and when using the art pieces for collateral when obtaining a loan. And, of course, when one chooses to donate all or a portion of their art collection to a museum or other nonprofit organization, the value of the art can have important consequences to both the donor and the donee for taxes, insurance, and in retaining not-for-profit status.
Intellectual property interests in art include protecting copyrights to various works and determining whether a piece was created independently or as a work for hire. A common question is whether a work has been illegally copied or not. Another issue is whether an artwork can be moved from its original installation or not.
Free speech issues in art often relate to whether something is art or obscenity. Occasionally, issues about free speech may also relate to whether something is art or a violation of some other law. For example, is “tagging” or spray painted graffiti, a form of protected artistic expression or a crime?
https://www.hg.org/art.html
