Hardback280 PagesSize: 244 × 172 × 29 mm
ISBN: 9781848220867Publication: January 01, 2014
Series: Handbooks in International Art Business

Visual Arts and the Law

A Handbook for Professionals

Judith B. Prowda


  • The first book to offer a single-volume overview of the complex legal issues affecting the visual arts
  • Written accessibly for professionals working in the visual arts with or without a legal background
  • Draws on a range of case studies to illustrate the principles of art law internationally
  • Gives readers an understanding of the legal, ethical and business frameworks in which the art business operates, including the legal responsibilities of art-business organisations, museums and individual professionals

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.

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