A project of the Berkeley Center for Law and Business, dedicated to the art world and its intersections with law, finance, technology, and culture.
The Art, Law, and Finance Project is an interdisciplinary effort dedicated to exploring issues at the intersection of art, law, finance, technology, and culture. It seeks to be at the forefront of discussions on hot topics such as repatriation, artificial intelligence, securitization, and fraud in the art world. The project hosts an annual symposium featuring leaders from a variety of relevant fields, and also releases a periodic newsletter, Canvas, to keep interested readers up to date.
- 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.
- 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.
- This month we highlight news on current market trends, money laundering in the art market, international cooperation to safeguard cultural heritage, risks to museums' reputations, freedom of expression, and more.
- This month we highlight news on financial fraud, international law, Indigenous American repatriation, social justice, the future of art degrees in Afghanistan, and more.
- This month we highlight news on copyright, legislation, artificial intelligence, and the future of the art industry.
- This month we highlight news on repatriation, education, legislation, artificial intelligence, and the importance of the art market in the U.S. economy.
- Artificial intelligence and its implications for the arts continues to be at the forefront of the news.
- As we enter a new year, artists and scholars are reckoning not only with shifting prospects for the future, but with issues of the past.
Annual Art, Finance, and Law Symposium
- 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 UsePeter 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 RepatriationEleanor Iris Gartstein, Berkeley Law 1L, examines existing international treaties dedicated to the repatriation of misappropriated cultural artifacts, recognizes their deficiencies, and advocates for reform.
- 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.
- Amy Adler explores the importance of artificial authenticity in an age of limitless copying, the art market, and the NFT phenomenon.
- In Art After Warhol, Professor Tang highlights an art world grappling with the problematic politics and potential inequities in using copyrighted works.
- 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.
- Heather Whitney, a San Francisco-based attorney at Morrison Foerster wrote an insightful article on the Thaler v. Perlmutter decision and ongoing uncertainty about copyright protection for genAI outputs.
- 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.
- 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.