Art and Copyright Law: An Interdisciplinary Study on Interpictoriality

Author:   Giulia Walter
Publisher:   Taylor & Francis Ltd
ISBN:  

9781032974484


Pages:   250
Publication Date:   08 May 2025
Format:   Hardback
Availability:   In Print   Availability explained
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Art and Copyright Law: An Interdisciplinary Study on Interpictoriality


Overview

This book tackles the lack of synchronicity between art and copyright law, proposing practical and interdisciplinary tools through which to navigate this conflict. In the last decades, high profile lawsuits have been filed against artists accused of plagiarism including Jeff Koons, Barbara Kruger and Andy Warhol. This book demonstrates how these cases are at odds with contemporary artistic reality, in which the use of antecedent visual forms is common practice. Focusing on the dichotomies of “original/copy” and of “old/new”, this work addresses this phenomenon from both theoretical and legal perspectives. Using Swiss copyright law as the main case study, the book comparatively assesses other international legal frameworks. Through understanding the origins of the conflict between art and copyright, the book highlights solutions to handle copyright cases with a new methodological approach. The book will be of interest to researchers in the field of art and copyright law, intellectual property and art. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.

Full Product Details

Author:   Giulia Walter
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.540kg
ISBN:  

9781032974484


ISBN 10:   1032974486
Pages:   250
Publication Date:   08 May 2025
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction Part I: The Interpictorial Original Copy 1. An Art Historical Novum Part II: The Work, or “The Original” 2. The Fundamentals of the Work 3. Three Axes of Copyright Protection 4. The Work’s Scope of Protection Part III: Copyright Spaces for Interpictoriality 5. The Exceptions to Copyright in Comparative Perspective 6. On The Relation Between Art and Copyright Law Part IV: Displacing The Paradox 7. Beyond Copyright Law – External Remedies Part V: Back To Copyright Law 8. Towards A Cognitively Open Copyright Law Conclusions

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Author Information

Giulia Walter is a lawyer based in Zurich, Switzerland. She studied law at the universities of Lucerne, Geneva and Vienna and obtained a PhD at the University of Zurich. Specializing in art law and intellectual property law, she strives to adopt an interdisciplinary approach bridging between the disciplines of law, (legal) sociology and art theory. In her work, she has in particular engaged with Niklas Luhmann’s systems theory, which allows an accurate description of the interactions of different autonomous social systems (such as art and law) by preserving their differences and analyzing their reciprocal expectations.

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