UNC Law professors Deborah M. Weissman, and Louis A. Perez dissect the US government’s refusal to grant Guantánamo Bay detainees ownership of the art they created during their detention, framing the confiscation of these works as a form of cultural plunder.
The Art Belongs to the Artists
Repatriation in university museum collections: Case studies from the Phoebe A. Hearst Museum of Anthropology
In his recent article, UC Berkeley associate professor Benjamin Porter explores the unique positioning of university-based anthropology museums to pursue nuanced decisions concerning the disposition of collections in their care, setting best practices for the field.
Did the Solicitor General Hijack the Warhol v. Goldsmith Case?
Professor Pamela Samuelson examines a dispute about whether Andy Warhol infringed Goldsmith’s copyright in a photograph of Prince by creating 16 works based on it.
Heritage Destruction, Human Rights and International Law Contribution
DePaul Law Professor Patty Gerstenblith contributes to the volume, discussing the tension between different constituencies seeking to reconstruct cultural heritage sites in post-conflict situations.
Art Beyond Copyright Introduction
In their introduction to the Winter 2024 edition of Grey Room, editors Amy Adler and Noam Elcott argue that the incentives of copyright protection are meaningless in the context of visual art where “authenticity” is the measure of value and copies are essentially worthless.
Trademark Law and the Contingent Art Object
UCLA Law Professor Xiyin Tang discusses the nexus between contemporary art on the one hand, and branding and trademark law on the other — a connection increasingly strengthened by the transformation of contemporary art into a kind of luxury good where the artist becomes the brand.
Regulating Technology Through Copyright Law: A Comparative Perspective
Berkeley Law Professor, Pamela Samuelson, underscores the provisions of the EU’s Directive on Copyright for the Digital Single Market (DSM) and questions whether the new rules will have the desired effect.
Going “Beyond” Mere Transformation: Warhol and Reconciliation of the Derivative Work Right and Fair Use
Peter Menell, Berkeley Law Professor, analyzes the meaning and implications of the recent Supreme Court watershed fair use decision in Warhol v. Goldsmith.
Operating on Good-Faith Enforcement: The Current State of International Legal Instruments in Art Repatriation
Eleanor Iris Gartstein, Berkeley Law 1L, examines existing international treaties dedicated to the repatriation of misappropriated cultural artifacts, recognizes their deficiencies, and advocates for reform.
The Constitutional Irrelevance of Art
Brian Soucek argues that whether or not expression can be considered “art” has never been relevant in the US Supreme Court’s analysis of First Amendment protection of that expression.