Blog Posts for Legal Issues

Thank you to the many people who have been blog contributors to, and readers of ArtsBlog over the years. ArtsBlog has long been a space where we uplifted stories from the field that demonstrated how the arts strengthen our communities socially, educationally, and economically; where trends and issues and controversies were called out; and advocacy tools were provided to help you make the case for more arts funding and favorable arts policies.

As part of Americans for the Arts’ recent Strategic Realignment Process, we were asked to evaluate our storytelling communications platforms and evolve the way we share content. As a result, we launched the Designing Our Destiny portal to explore new ways of telling stories and sharing information, one that is consistent with our longtime practice of, “No numbers without a story, and no stories without a number.”

As we put our energy into developing this platform and reevaluate our communications strategies, we have put ArtsBlog on hold. That is, you can read past blog posts, but we are not posting new ones. You can look to the Designing Our Destiny portal and our news items feed on the Americans for the Arts website for stories you would have seen in ArtsBlog in the past.

ArtsBlog will remain online through this year as we determine the best way to archive this valuable resource and the knowledge you’ve shared here.

As ever, we are grateful for your participation in ArtsBlog and thank you for your work in advancing the arts. It is important, and you are important for doing it.

The Legal Obsession with Obscenity: Why Are the Courts Still Being Challenged?

Date of Publication (formatted): 
December, 1982
Summary: 

This article focuses on three topics concerning the definition of obscenity as defined by the courts. First, the author traces the history of major cases leading to the present criteria for judging a work obscene. Second, the history of the cases is outlined with related information as to why the lower courts are not able to follow established guidelines. Third, ways are suggested by which obscenity case may be judged more efficiently.

There's No Such Thing as a Worry-Free Photocopy in this Library!

Date of Publication (formatted): 
October, 2000
Summary: 

This article does not really address copyright law relevant to arts organization or artists, but is an interesting look at Canadian libraries and demonstrates the dramatic differences that exist even between common law countries. For example, in the , <EM>fair use</EM> (most simply, nonprofit use is fair use) is practiced. However, in Canada, United Kingdom and Australia, the operative concept is <EM>fair dealing</EM>. That is, most simply, all reproduction is copyright infringement except for a very few and very narrowly defined exceptions.

Why Art is on Trial

Date of Publication (formatted): 
December, 1992
Summary: 

This article argues that a failure inherent in obscenity law itself explains why art is increasingly on trial. In recent years, we have witnessed a stunning assault on sexually explicit contemporary art in this country. Waged in Congressional funding debates, in political campaigns, and in the courts, this assault has raised a recurring question: What is obscenity and what is art? The question has sent artists, museums, galleries, judges and lawyers scrambling to decipher the constitutional law of obscenity, a hotly disputed and peculiarly anachronistic area of law. Over the past two years...

The Descendibility of the Right of Publicity: An Analysis

Date of Publication (formatted): 
December, 1982
Summary: 

The right to publicity is the right of celebrities and other famous individuals to have control over their names and likeness in various licensing ventures. The issue discussed in this article is over whether this right can be left to the heirs.

An Economic Impact Analysis of a Proposed Change in the Copyright Law

Date of Publication (formatted): 
December, 1976
Summary: 

The purpose of this research effort has been to determine the potential impact of a proposed change in the copyright law. The analysis focuses on the three major groups affected by the Bill; broadcasting stations, in particular, radio broadcasters, performing artists, and record companies.

Museums and The Law

Date of Publication (formatted): 
December, 1981
Summary: 

This book was written to present the law relating to museum organizations in a simple and concise form and, thus, to provide museum personnel with a guide in solving minor legal problems and a management tool to help prevent future legal complications. The book is not intended as a substitute for good legal advice. With the sample documents provided to illustrate practical applications of some of the legal principles discussed, the book should prepare museum directors with a working knowledge of all important areas of law with which they may be confronted.

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