People engage with authored works all the time. They buy paintings, read books, and download songs. They might even be artists themselves. And yet they tend to take the concept of authorship for granted. The basic idea that an artist as author maintains some kind of claim to his or her creation, even as it circulates in the world at large, seems natural. It is the basis for copyright law and moral rights legislation which protect the rights of authors. But what is an author, and why do artists receive special legal recognition and protection that the creators of other kinds of artifacts do not? It is often assumed that artists have a special bond with their artworks, but the nature of this bond, and its function as the source of an artist's authority over his or her work, often goes unquestioned. Art and Authority is a philosophical essay on artistic freedom: its sources, nature, and limits. Artistic freedom can mean different things depending on the context in which it is invoked. K. E. Gover argues that the most fundamental form of artistic freedom involves the artist's authority to accept or disavow the works that he or she produces, to curate the works that bear his or her name, and that represent his or her artistic oeuvre. Our very concept of what an artwork isthe intentional expression of the artist, for its own sakedepends on this second-order endorsement by the artist of what he or she has made. Using real-world cases and controversies in contemporary visual art, Gover argues that the leading accounts of artistic authorship in the legal and philosophical literature have overlooked the significance of this moment.

This book radically rethinks the philosophical basis of copyright in the arts. The author reflects on the ontology of art to argue that current copyright laws cannot be justified. The book begins by identifying two problems that result from current copyright laws: (1) creativity is restricted and (2) they primarily serve the interests of large corporations over those of the artists and general public. Against this background, the author presents an account of the ontology of artworks and explains what metaphysics can tell us about ownership in the arts. Next, he makes a moral argument that copyright terms should be shorter and that corporations should not own copyrights. The remaining chapters tackle questions regarding the appropriation of tokens of artworks, pattern types, and artistic elements. The result is a sweeping reinterpretation of copyright in the arts that rests on sound ontological and moral foundations. Radically Rethinking Copyright in the Arts will be of interest to scholars and advanced students working in aesthetics and philosophy of art, metaphysics, philosophy of law, and intellectual property law.

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Media Industries: History, Theory and Method is among the first texts to explore the evolving field of media industry studies and offer an innovative blueprint for future study and analysis. capitalizes on the current social and cultural environment of unprecedented technical change, convergence, and globalization across a range of textual, institutional and theoretical perspectives brings together newly commissioned essays by leading scholars in film, media, communications and cultural studies includes case studies of film, television and digital media to vividly illustrate the dynamic transformations taking place across national, regional and international contexts

Celebrities can sell anything from cars to clothing, and we are constantly fascinated by their influence over our lifestyle choices. This book makes an important contribution to legal scholarship about the laws governing the commercial appropriation of fame. Exploring the right of publicity in the US and the passing off action in the UK and Australia, David Tan demonstrates how an appreciation of the production, circulation and consumption of fame can be incorporated into a pragmatic framework to further the understanding of the laws protecting the commercial value of the celebrity personality. Using contemporary examples such as social media and appropriation art, Tan shows how present challenges for the law may be addressed using this cultural framework. This book will be of interest to intellectual property law academics, judges, practitioners and students in the US and common law jurisdictions, as well as those in the field of cultural studies.

This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.