Featured Research

Giulia Picci, Senior Fellow at the Art, Law, and Finance Project and PhD Researcher at IMT School for Advanced Studies Lucca, examines whether new customary international law is emerging to facilitate the return of wrongfully removed cultural property.

Anne-Marie Carstens, Associate Professor, University of Baltimore School of Law, examines Octagon Earthworks, a 2,000-year-old indigenous site, to highlight the tension between private property rights and the World Heritage Convention's requirements for cultural "authenticity" and "integrity", and questions about using eminent domain for aesthetic and cultural heritage purposes.

Co-authors Brian Soucek, UC Davis Law, and Jennifer C. Lena, Columbia, discuss taxation of the arts through a case in which Chicago officials targeted clubs hosting rock, hip-hop, country, and DJ performances, arguing these genres weren’t part of the “fine arts” and thus not tax-exempt.

In his recent article, Iconology of Justice. Rhetoric and Law in The Calumny, University of Padova Law professor Pablo Moro presents a rhetorical analysis of The Calumny by Sandro Botticelli, a tempera painting created between 1494 and 1497. Moro explores how Botticelli uses classical concepts of justice and trial to depict an unjust legal process, highlighting the absence of truth in judgment

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.

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.

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.

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.

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.

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.

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.

Peter Menell, Berkeley Law Professor, analyzes the meaning and implications of the recent Supreme Court watershed fair use decision in Warhol v. Goldsmith.

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.

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.

Professor Pamela Samuelson breaks down the recent oral arguments over whether an Andy Warhol print of a Prince photograph violates the photographer’s copyright.

As is so often the case, technology and market trends are one step ahead of regulation. This is true also with regard to the newest investment model related to NFTs.