This month we highlight news of recovery of stolen artifacts, trends in the art market, the instability of the crypto world, artistic freedom, and more.
Canvas, Issue 11
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.
Canvas, Issue 10
This month we highlight news of artistic freedom and the courts, the illicit antiques trade, trends in the art market, artificial intelligence in museums, and more.
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.
Canvas, Issue 9
This month we highlight news of copyright and the courts, fraud and the art market, activism and social justice, the impact of federal regulations on museums, and more.
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.
Canvas, Issue 8
This month we highlight news on current market trends, the loss of cultural heritage in a time of war, the EU’s landmark AI Act, and more.
Artificial Authenticity
Amy Adler explores the importance of artificial authenticity in an age of limitless copying, the art market, and the NFT phenomenon.