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.
The Constitutional Irrelevance of Art
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.
Art After Warhol
In Art After Warhol, Professor Tang highlights an art world grappling with the problematic politics and potential inequities in using copyrighted works.
Canvas, Issue 7
This month we highlight market trends, art market money laundering, international cooperation to safeguard cultural heritage, risks to museums’ reputations, and freedom of expression.
Reflections on Music Copyright Justice
In Reflections on Music Copyright Justice, Professor Peter Menell argues that the digital revolution has upended many aspects of the copyright system, particularly as it relates to music.
Canvas, Issue 6
This month we highlight news on financial fraud, international law, Indigenous American repatriation, social justice, the future of art degrees in Afghanistan, and more.
Technoheritage
Sonia Katyal explores the legal revolution that is swiftly unfolding regarding the relationship between technology, user interactivity, and cultural institutions, both inside and outside of the law.
Misreading Campbell: Lessons for Warhol
Shyamkrishna Balganesh and Peter S. Menell argue that the Court in Andy Warhol Foundation v. Goldsmith would benefit from a close reading of Campbell, which presciently foreshadowed and thoughtfully addressed the very questions before it today.
Copyright Infringement or Fair Use? Probing the ‘Transformative’ Issue Before the Supreme Court
Professor Pamela Samuelson breaks down the recent oral arguments over whether an Andy Warhol print of a Prince photograph violates the photographer’s copyright.