Art Law (SC)

This course, compressed during the semester, will introduce students to the practice of “art law,” which lies at the intersection of several bodies of law. Contract doctrines such as meetings of minds, mistakes of fact, warranties, and good faith will be explored. The Uniform Commercial Code, which is the primary regulatory schema in the U.S. governing disputes over art transactions, including claims of looted art and fake art, will also be studied. Students will learn to apply civil procedure rules and concepts that can be outcome-determinative in art cases, including statutes of limitations, the laches defense, and choice of law analyses where different international rules and policy preferences may conflict. Property and intellectual property concepts in the area of visual art will additionally be introduced, including principles of copyright law, rights of publicity, and moral rights. Students will get to know the various art market stakeholders (such as artists, dealers, collectors, auction houses, museums) and their customs and practices. Methodologically, the course will use a law-and-economics approach to analyze issues such as allocations of burdens of diligence and risks of loss. No prior background in art is required or assumed.