Diack Is it Ours Art Copyright and Public Interest by Martha Buskirk (original) (raw)

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Martha Buskirk's "Is It Ours? Art, Copyright, and Public Interest" explores the intricate relationship between art, copyright, and public interest within the evolving landscape of intellectual property. Through a series of case studies and critical reflections, Buskirk argues for a balance between protecting artistic innovation and acknowledging the historical injustices related to ownership and cultural appropriation. The book challenges readers to reconsider legal ambiguities in today's media-saturated society and advocates for a more equitable approach to the cultural commons.

Editors’ Introduction: Art beyond Copyright

Grey Room, 2024

Introduction to a special issue of Grey Room on "Art Beyond Copyright." We conceived of this issue, “Art beyond Copyright,” nearly two years ago. Our position was and remains, first, that copyright law stands in direct opposition to art historians and is irrelevant to the vast multitude of practicing artists; and, second, that the myopic focus on copyright has blinded attention to conceptually and his- torically distinct facets of the law that inflect art practice, art history, and art law. The inadequacy of copyright and the imperative to seek out alternatives for art and law are the focus of this special issue of Grey Room.

Art as the Property of Citizens

Art as the Property of Citizens is a proposal that addresses the following question: how can we conceive of participatory art in its socially engaged ten- dencies and contingencies? It reads the relation of art and citizenship in two ways: art as a process that becomes ‘owned’ by citizens and art as creativity defined as an inherent ‘quality’ of citizens. Art, in the praxis of socially en- gaged participatory works, is an experiment with a new constellation of the social that can exist within the parameters of daily life and can empower its participants to produce solutions to issues of concern. Aesthetics is in the process of creating new constellations in relations and new configurations in exchange systems that could initiate a type of social transformation.

Museums are prisons? Public domain reproductions in the cage of ownership rights.

The first purpose of this work is to clarify who owns the rights on the artworks preserved by museum, if and when those rights exist. In many cases, paintings and sculptures are in the public domain: a payment is due to the owners for the utilization of such works? As there is much debate on this topic, it is interesting to define to what extent a museum is entitled to the commercial revenues of the art-merchandising market, in a broad sense: as the economies of our century are more and more focused on services and entertainment we can notice the flourishing of opportunities in a range of sectors.

A Pragmatic Approach to the Identity of Works of Art

The " identity " of works of art is what makes two instances or performances the same work. Philosophers have tried to account for identity by appealing to nota-tional systems, production histories, cultural context, or some combination of those factors. None of these approaches has been accepted as adequately accounting for the ways in which identity is actually understood in the art world, by artists, performers, composers, choreographers, audiences, historians, and critics. I propose that the identity of works of art be understood pragmatically as ways of talking and acting by the various communities of the art world. 1 These are informed by notational systems, production histories, and so forth. But those approaches have been unsatisfactory. 2 A pragmatic approach centers on how identity is understood by various communities through ongoing deliberative and decision-making practices, 3 characterized in turn by rejection of essences and emphasis on pluralism, experience, and community. I fi rst sketch what I understand by " art world communities " and what it means for those communities to determine the identity of works of art as " ways of talking and acting. " I next outline additional elements of this approach to identity , consistent with the twentieth-century tradition of pragmatism. Next I show how a pragmatic approach explains examples in identity, including practices in copyright infringement. I then consider a recent controversy that drew the attention of several overlapping communities in art and the law. Finally, I consider problems and challenges for this approach to identity.

Conceptualizing Artists' Rights: Circulations of the Siegelaub-Projansky Agreement through Art and Law

“The Artist’s Reserved Rights Transfer and Sale Agreement” (Siegelaub-Projansky Agreement) of 1971 and the certificates of early Conceptual art have been considered contradictory for enabling so-called “dematerialized” artworks to be exchanged as any other commodifiable work, thus negating Conceptual artists’ claims of challenging market and institutional conventions. However, an expanded lens on the life of the Siegelaub-Projansky Agreement in law yields another legacy for these endeavors, where the Agreement is instead evidenced as influencing artists’ rights laws in the United States, and where its rhetoric of collectivity can be viewed as a radical appropriation of private law in an effort to establish more equitable art industry norms. This reclaimed narrative of political influence emerges only when we recognize the capacity of these artistic documents as legal instruments, and consider how they have circulated through and challenged the limits of both fields they are cross-classified between: art and law.

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Felicity Bodenstein and Damiana Oţoiu, “Introduction” in Felicity Bodenstein, Damiana Oţoiu, Eva Maria Troelenberg (ed.), Contested Holdings: Museum Collections in Political, Epistemic and Artistic Processes of Return, New York, Berghahn Books, 2022, pp. 1-20.

Contested Holdings: Museum Collections in Political, Epistemic and Artistic Processes of Return, 2022