内容

目次

Volume 1 Chapter 1 Copyright Pt. 1 Copyright Basics Pt. 2 Copyrightable Subject Matter: Originality and Creativity Pt. 3 Ideas vs. Expressions Pt. 4 Scènes à faire and Merger Pt. 5 Copyright Term and the Public Domain Pt. 6 Useful Articles—Utilitarian and Functional Works Pt. 7 Derivative Works Pt. 8 Works Made for Hire and Copyright Ownership Pt. 9 Fair Uses Pt. 10 Steps of a Copyright Dispute Chapter 2 Trademark Pt. 1 Trademark Concepts Pt. 2 Determining the Strength of Marks Pt. 3 Federal, State, and Common Law Trademarks Pt. 4 False Endorsement and False Designation of Origin Pt. 5 Trademark Infringement Pt. 6 Affirmative Defenses and Avoidances Pt. 7 Trademark Dilution Pt. 8 Trade Dress Pt. 9 Fair Use Chapter 3 Right of Publicity Pt. 1 The Concept of a Right of Publicity Pt. 2 Differentiating the Right of Privacy from the Right of Publicity Pt. 3 Theoretical and Public Policy Justifications for the Right of Publicity Pt. 4 The Requirements of a Right of Publicity Claim Pt. 5 Fair Use of Celebrity Names, Images, and Likenesses Pt. 6 The Future of the Right of Publicity Chapter 4 Moral Rights and the Visual Artists Rights Act Pt. 1 The Concept of Moral Rights Pt. 2 Types of Moral Rights Pt. 3 America's Non-Recognition of Moral Rights (Before VARA) Pt. 4 Moral Rights under the Visual Artists Rights Act Pt. 5 Droit de Suite and Economic Continuation Rights Chapter 5 Censorship and Artistic Expression Topic 1 National Security, Hate Speech and Symbolic Expression Pt. 1 A Short History of Censorship Pt. 2 Public Policy Behind the First Amendment Pt. 3 Protecting National Security and Social Order Pt. 4 Fighting Words and Hate Speech Pt. 5 Censorship of Symbolic Expression Topic 2 Censorship of Obscenity and Pornography Pt. 1 History of the Censorship of Obscenity Pt. 2 The Current Standards for Obscenity Under Miller Pt. 3 Evidentiary Issues for Censorship of Obscenity Under Miller Pt. 4 Censorship of Child Pornography Topic 3 Content-Neutral Regulation and Censorship of Art Pt. 1 The Origin of the Content-Neutral Regulation of Symbolic Speech and Expressive Conduct Pt. 2 Licensing, Leases, and Permits as a Regulation of Art Pt. 3 Regulation and Censorship of Art on Government Property Pt. 4 Indirect Censorship of Art through Government Funding Restrictions Pt. 5 Private, Non-Governmental Censorship Volume 2 Chapter 6: Art as an Investment Part 1 Art Versus Traditional Investments Part 2 Investment Factors to Be Considered Part 3 Market Regulation Part 4 Art Consultants Part 5 Conducting Due Diligence Part 6 Pre-Purchase Considerations Part 7 Affording Art: Financing Purchases Part 8 Tax Considerations for Collectors Chapter 7: Auctions Part 1 Selling Techniques Part 2 Historical Development Part 3 How Auctions Work Part 4 Licensing of Auctioneers Part 5 Withdrawal of Goods and Bids Part 6 The Auctioneer’s Role Part 7 Auction House Tactics Part 8 Bidders’ Tactics Part 9 Problems with Title Part 10 Terms of the Auction Agreement Part 11 A Buyer’s Failure to Pay Part 12 Breach of Warranty Part 13 Fraud and Misrepresentation Part 14 Antitrust Problems Chapter 8: Insurance Part 1 Insurance Generally Part 2 The Insurance Contract Part 3 Remedies for Mistake Part 4 Contractual Liability Part 5 Advertising Injury Part 6 Policy Exclusions and Exceptions Part 7 Types of Insurance Contracts Part 8 Valuation Problems Part 9 Insurance for Loaned Artwork Chapter 9: Authentication Part 1 How Hard Is It to Fake a Work of Art? Part 2 What Does “Forgery” Mean? Part 3 Does Authenticity Matter? Part 4 Authentication Part 5 Objective (Scientific) Authentication Part 6 Subjective (Stylistic) Authentication Part 7 An Expert’s Liability Part 8 An Expert’s Recourse Part 9 Limitations of Liability Part 10 Precautions for Collectors Part 11 Remedies for Purchasers of Forgeries Part 12 Solving the Forgery Problem Chapter 10: Museums Part 1 Legal Structure Part 2 Internal Structure of Charitable Trusts and Charitable Corporations Part 3 Liability of Trustees and Directors Part 4 Employee Conflicts of Interest Part 5 Fundraising and Cost-Cutting Measures Part 6 Acquisitions Part 7 Gifts Part 8 Loans Part 9 Deaccession Part 10 Protecting the Collection from Disaster, Theft and Damage Part 11 Public Accommodation Part 12 Labor Relations Part 13 Codes of Ethics Chapter 11: The Working Artist Part 1 Space to Live and Work Part 2 Options for Selling Art Part 3 Arrangements Between Artists and Galleries Part 4 Commissions Part 5 Safety Issues Part 6 Tax Issues Part 7 Employment Issues Part 8 Support Organizations