Research Handbook on Art and Law

Edited by Jani McCutcheon, Associate Professor and Fiona McGaughey, UWA Law School, The University of Western Australia, Australia

• Contents:Foreword xivIntroduction to the Research Handbook on Art and Law 1Jani McCutcheon and Fiona McGaugheyPART I COPYRIGHT’S RIGHTS IN ART1 Making art from words: the picturisation adaptation right in copyright law 11Jani McCutcheon2 The fine art of rummaging: successors and the life cycle of copyright 26Eva E SubotnikPART II COPYRIGHT’S REGULATION OF ART3 Regulating the artist: laws, norms and practices 42Chris Dent4 Copying artistic works: copyright, aesthetics, and artistic practice 59Jonathan Barrett5 The Prince and the President’s daughter: a tale of copyright andcontemporary art 77Julian R Murphy and Nicholas ModrzewskiPART III THE OUTER BOUNDARIES OF ART IN LAW6 The curator’s copyright 95Alana Kushnir7 Patentability and fine art 114Michael Blakeney8 Untangling copyright and trade marks in art and advertising 129Amanda Scardamaglia9 Demystifying colour regulation in art – protecting substances, appearancesand beyond 142Ema Denby, Paul Green-Armytage and Jani McCutcheonPART IV REGULATING ‘BAD’ ART10 Preventing art forgery and fraud through emerging technology: applicationof a regulatory pluralism model 160Jade Lindley11 The effectiveness of Australia’s legal system in addressing problematic artwork 177Dan MossensonPART V ART, LAW AND THE PUBLIC INTEREST12 Preserving street art and graffiti: can the law reconcile the (often conflicting)rights of artists, property owners and local communities? 194Enrico Bonadio13 Classifying art in diverse legal regimes: the function-aesthetic divide and thepublic interest 209Marta IljadicaPART VI ART CRITIQUING OR GIRDING LEGAL SYSTEMS14 The exorcist: law’s crimes and art’s super powers 225Desmond Manderson15 Lady injustice: inequality and legal iconography 239Ben WardlePART VII LAW IN ART16 Intellectual property law as artistic medium 259Shane Burke17 On The Nullians 278Jani McCutcheon18 Thinking through seeing: legal minds and images 286Ruth HerzPART VIII MULTIPLICITY OF INTERPRETATIONS19 The public good in poetic justice: on the art (and law) ofFelix Gonzalez-Torres 302Sonia K Katyal20 The decommission of I See Red : a case study in the relations between art andlaw 318Lee Harrop and Nicolas J BullotPART IX ART, LAW, VIOLENCE AND CRIME21 A law unto themselves: murals in the Northern Ireland conflict 335Fiona McGaughey22 Breaking the frame: abortion under arrest in contemporary visual art? 353Natalie Linda Jones23 The artist turned criminal: emotional obstacles to severing the body fromthe body of work 368Gregory DalePART X ART IN INTERNATIONAL LAW24 Art and human rights law 389Sarah Joseph25 Image and art in the Whaling in the Antarctic case 408Alice PalmerIndex 427

‘The collection of essays edited by Jani McCullen and Fiona McGaughey is a welcome contribution to the thorny relationship between law and the arts. This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’