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Art and Law

  • Module code: HA7403
  • Year: 2018/9
  • Level: 7
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

This module aims to introduce you to issues thrown up by the interaction of law with the art world. Beginning with the fundamental basics of how statute and case law are established, the module explains to you several key themes such as contract law and copyright. The module examines especially themes pertaining particularly to the art world such as international treaties to protect cultural heritage, and the problems of censorship and obscenity. You will develop an understanding both of the abstract problems of applying law to a market place, as well as studying in detail the most significant art-related cases of recent years.

Aims

  • To develop in students a knowledge and understanding of the principles of law that affect the work of the professional working within the field of auctioneering, appraisal, acquisition, sale and management of fine art and cultural property;
  • To enable students to gain skills in debate, negotiation and dispute management and resolution such that they are prepared to enter professional practice;
  • To enable students to engage in research, debate and discussion of art and cultural property law such that they can demonstrate intellectual ability at  postgraduate level; and
  • To develop in students knowledge and understanding of the principles and theoretical context of the law relating to fine art and cultural property, including the issue of copyright, such that they have a critical appreciation of how these impact on the operation of professional markets.

Learning outcomes

On successful completion of the module, students will be able to:

  • Identify and interrogate the main sources of contract and tort law and demonstrate, through problem solving, critical understanding of the principles of law applied to relevant professional situations;
  • Demonstrate detailed knowledge of the law and practice of agency and auctioneering such that they are adequately equipped to enter professional practice;
  • Weight evidence and advise in relation to dispute management and resolution including the appropriate choice of route to settlement;
  • Prepare and defend in a competent manner a reference to a third party for dispute resolution; and
  • Engage and lead debate in current issues relating to art and cultural property law within the professional practice context.

Curriculum content

  • The principles of contract and tort law, including negligence
  • The law of agency
  • The law of auctions
  • Third party disputes
  • Dispute management and resolution including negotiation and mediation
  • Intellectual property rights including copyright and artist resale royalties

Teaching and learning strategy

All students will be expected to be autonomous and independent learners consistent with study at postgraduate level. Lectures will be given to introduce topics and present complex materials and to guide students in directed reading in preparation for seminar sessions. However, a strong emphasis within the module will be placed on the use of seminars and debates, and a mock dispute will be undertaken by students to integrate theory and practice. The seminars will present students with opportunities to work through previously set problems, most of which will involve considerable self-directed investigation and reading. Tutorial sessions will be provided on a regular basis will provide the opportunity to work through any problems on a small group basis, better to reinforce understanding of concepts and techniques and to provide 'feedforward' on summatively assessed tasks, such as essay drafts. In seminar sessions, students will be required to make presentations and lead debates such as a mediation exercise and these will be assessed both formatively and summatively.

The module will make use of the Virtual Learning Environment (VLE) Canvas for communication and dissemination of information between students and staff as well as making online learning materials available to all. Students should check this site on a daily basis for module information, timetables, sign-ups, updates and additional information and teaching materials. 

All courses based in the Kingston School of Art offer students free access to the online video tutorial platform Lynda.com. This provides a wide range of subjects to choose from, many with downloadable exercise files, including software tutorials covering photography, graphics, web design, audio and music, CAD and Microsoft Office software, as well as courses on Business and Management skills. Some of these are embedded in the curriculum and offer additional self-paced learning, others may be taken at will by students wishing to broaden their employability skills in other areas.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Lectures Seminars Tutorials 42 12 12
Guided independent study 234
Total (number of credits x 10) 300

Assessment strategy

Assessment will be through coursework, which will comprise three elements. The first is a group project presentation of 5 to 10 minutes. The second element is a 3,000 word individual essay in which students choose from a constrained choice of 3 or 4 titles and which is designed to test out reasoning and the ability to construct a legal argument. The last element is an individual oral presentation on an aspect of the curriculum of 5 to 10 minutes and typically includes a mediation exercise The assessments have been designed to ensure that students are both current in their knowledge of law and strong in their ability to understand the elements of law with which they will be working in practice. There will be opportunities for formative assessment through feedback tutorials for example of essay drafts.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1. Identify and interrogate the main sources of contract and tort law and demonstrate, through problem solving, critical understanding of the principles of law applied to relevant professional situations; Group Project Presentation / Essay / Individual Presentation
2. Demonstrate detailed knowledge of the law and practice of agency and auctioneering such that they are adequately equipped to enter professional practice; Group Project / Essay / Presentation
3. Weigh evidence and advise in relation to dispute management and resolution including the appropriate choice of route to settlement; Individual Presentation
4. Prepare and defend in a competent manner a reference to a third party for dispute resolution; Individual Presentation
5. Engage and lead debate in current issues relating to art and cultural property law within the professional practice context. Group Project Presentation / Individual Presentation

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Group Project Presentation (5-10 minutes) Practical Exam 20%
Essay (3,000 words) Coursework 60%
Individual Presentation (Mediation) (5-10 minutes) Practical Exam 20%
Total (to equal 100%) 100%

Achieving a pass

It is NOT a requirement that any element of assessment is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

Elliott, C. and Quinn, F. (2015) Contract Law (10th Edition), Pearson

Elliott, C. and Quinn, F. (2015) Tort Law (8th Edition), Pearson

Forrest, C. (2010) International Law and the Protection of Cultural Heritage. Routledge

Harvey, B. and Meisel, F. (2006) Auctions Law and Practice, Oxford University Press, USA

McClean, D. (ed). (2007) The Trials of Art, Ram Distribution

McClean, D. and Schubert, K. (eds) (2002) Dear Images: Art, Copyright and Culture, Ram Distribution

Bibliography recommended reading

Merryman, J. H. and Elsen, A. E.  (2002) Law, Ethics and the Visual Arts. Kluwer Law International

Palmer, N. (2009) Palmer on Bailment. (3rd Edition). Sweet & Maxwell

Rogers, K. M. (2011) The Internet and the Law Basingstoke: Palgrave

Ulph, J. and Smith, I. (2012) The Illicit Trade in Art and Antiquities. International Recovery and Criminal and Civil Liability, Hart Publishing

Websites

Institute of Art and Law

Recent Developments in Art Litigation and Art Finance by Fox Rothschild LLP

Museum Security Network (Google group and website)

Spencer's Art Law Journal

Art Law Report by Sullivan & Worcester LLP

Commission for Looted Art in Europe (For news and a selection of information and online resources concerning works of art looted during WWII)

International Foundation for Art Research

UNESCO Database of Cultural Heritage Laws

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