The Economic Analysis of Art Law
AbstractThis paper surveys from an economic standpoint a number of important legal issues that influence the market for art, which include the creation, sale, valuation, maintenance and, in some instances, the destruction of works of art. We show that the important legal doctrines that bear on the visual arts can best be understood as rough efforts to promote efficiency in the art market. The paper focuses on U.S. legal doctrines and only occasionally mentions foreign law. Among the legal topics we consider are the following: copyright and trademark issues; moral rights which cover the right of an artist to prevent the mutilation and destruction of his work: resale royalties; rules governing ownership disputes between innocent parties such as a good faith purchaser and an earlier owner of the work of art; disputes over the authenticity of a work of art which cause material changes in the market value of the work; and the valuation of art-rich estates.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
This chapter was published in:
This item is provided by Elsevier in its series Handbook of the Economics of Art and Culture with number 1-07.
Contact details of provider:
Web page: http://www.elsevier.com/wps/find/bookseriesdescription.cws_home/BS_HE/description
Find related papers by JEL classification:
- Z19 - Other Special Topics - - Cultural Economics - - - Other
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- Melissa Boyle & Stacy Nazzaro & Debra O’Connor, 2010.
"Moral rights protection for the visual arts,"
Journal of Cultural Economics,
Springer, vol. 34(1), pages 27-44, February.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Zhang, Lei).
If references are entirely missing, you can add them using this form.