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.
On successful completion of the module, students will be able to:
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.
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 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.
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 |
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% |
It is NOT a requirement that any element of assessment is passed separately in order to achieve an overall pass for the module.
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
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
Recent Developments in Art Litigation and Art Finance by Fox Rothschild LLP
Museum Security Network (Google group and website)
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)