Studying at York
Art Law - LAW00038H
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Autumn Term 2022-23 |
Module aims
Art law focuses on the interaction of numerous legal disciplines in protecting, regulating and facilitating the creation, use and marketing of art. The focus of the module will be on works of fine art and/or the visual arts with some references to cultural property law.
During the module we will draw selectively on aspects of various legal areas including: property, contract, commercial, intellectual property and international law. Because the trade in art and antiquities is a global one, the module makes reference to both domestic legal principles as well as to American and international rules laid down by bodies such as UNESCO. Broadly speaking, the module will consider a variety of legal issues raised by the global trade in art, such as: regulation of artistic expression; moral rights and droit de suite; auctions; authenticity; questions of title and forgeries; cultural property; recovery of stolen art; museum acquisitions and disposals; and the repatriation of cultural objects.
The module will frequently consider contemporary art controversies as a means of examining these broader issues. Guest speakers will also be invited where relevant. Requirements for all students include: regular attendance at plenary sessions; active participation in class discussions based on pre-assigned reading; a newspaper editorial on an assigned topic to be debated in class; and coursework. A class field trip will be arranged (e.g. in 2013-2014 we went to London to visit the Art Loss Register, the British Museum, an exhibition on destroying artwork at Tate Britain and met with the legal team at the Tate).
Module learning outcomes
By the end of the module, students should be able to:
- Identify the main ways in which law shapes and constrains the global trade in art.
- Explain some of the institutions and procedures involved in trading in art in the UK with an appreciation of the relevant international conventions and the international context of enforcement.
- Analyse strategies and challenges posed by the protection of art.
- Reflect on the functions and objectives of art law and cultural property law.
- Synthesise and critically analyse a range of sources related to art law to develop further knowledge, construct arguments, draw conclusions supported by appropriate authority, and evaluate the merits of alternative arguments
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 10 |
| Essay/coursework | 60 |
| Essay/coursework | 15 |
| Oral presentation/seminar/exam | 15 |
Special assessment rules
None
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 10 |
| Essay/coursework | 60 |
| Essay/coursework | 15 |
| Oral presentation/seminar/exam | 15 |
Module feedback
Students will receive oral feedback throughout the course in relation to participation, individual written feedback on coursework, oral presentation and the editorial will be provided by the module leaders.
Indicative reading
- Art Law - Ralph Lerner & Judith Bressler (2013)
- Cultural Heritage Law - James Nafziger (2012)
- Visual Arts and the Law - Judith Prowda (2013)
- Art Law - Michael Jones (2016)
- Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures (2001)
- The Story of Art - E H Gombrich (16th ed 2007)
- Moral Rights: Principles, Practice and New Technology - Mira T Sundara Rajan (2011)