LAW243

This course covers the legal, ethical, and public policy considerations that concern artists, art dealers, museums, collectors, and others who comprise the world of visual art. This course is loosely broken into three parts: I.Art as Intellectual Property - covering artists' rights, copyright and fair use, First Amendment issues of free expression, moral rights, resale royalties; II.Art as Personal Property - covering the international art market, artist-dealer relations, the roles of collectors, auction houses, galleries, and museums, import, export, commissions, removal, tax; and III.Art as Cultural Property - considering issues of cultural heritage, destruction of cultural heritage in wartime, repatriation, roles of international bodies.

The course focuses on certain recurrent themes: How do statutes and courts define (or attempt to define) art, and how is art defined differently for different legal purposes? How does the special character of art justify or require different treatment under the law from that accorded other tangible personal property, and how does (and should) the expressive nature of art affect the way it is owned, protected, regulated, or funded? What are the legal and ethical obligations of those involved in the art world to preserve and protect art for future generations?

There will be one or two guest speakers throughout the semester as well as site visits to SFMOMA and the Asian Art Museum. In addition, students are expected to participate in at least one or two interactive class exercises inspired by real situations and controversies in the art world.