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.
In the latest media, entertainment and music industry developments, art has taken on an entirely different meaning in various contexts. An artist’s expression through different mediums of artistic form has evolved and is slowly establishing itself as a vital concept throughout the world. This also extends to unheard instances of three dimensional art and also that of architecture.
The personality and economic rights of artists in their works and the transfer of these rights to subsequent possessors raise a number of issues relating to intellectual property rights.
Like already mentioned Art law is multidisciplinary and encompasses numerous areas of law involving numerous disciplines such as intellectual property, contract, constitutional, tort, tax, commercial and international law so it concerns and involves not just lawyers but also music companies and since it is a niche area of law which is still developing and gaining popularity, it provides ample opportunity in the coming times.
The Course becomes relevant in light of incidents like the ones of famous painter Tyeb Mehta, whose canvases sold for millions in his last years, but he did not profit directly from those auctions because the paintings were sourced from collectors rather than the artist himself. As it happens, not only did Mehta have a right to a share of those record-setting prices before his death in 2009, his heirs stand to benefit from current sales like the Saffronart auction of June 15, 2018 in which Mehta’s Kali was purchased by an anonymous buyer for over Rs 26 crore. Further it also helps to understand complex legal issues like the continuous disagreements between the recording industry and media distribution companies.
The topics covered by Enhelion for such subject are as divided into the following modules:
- Module 1: General Principles [The Artist as Creator]: The ‘author’ and the creative process
- Module 2: Problems/problematic issues
- Module 3: Copyright and the Internet: the virtual art museum
- Module 4: The licensing and management of created works
- Module 5: Copyright and Architectural Expression
- Module 6: Copyright and Dimensional Arts[1]
This certificate programme aims to help the participants understand the broad spectrum of problems involving the interaction of art and the law, both historically and in contemporary society. Various issues like moral right and droit de suite statutes, legal issues that arise in the burgeoning art market will be given special emphasis in the course.
For more details on our Certification Course on Art Law Contact Us or write to us on info@enhelion.com