ART

AND MUSEUM LAW LAW D896 / Class No. 31917 Fall 2011 Course Instructor: Class Schedule: Required Text: Examination: Kenan L. Farrell kfarrell@klflegal.com 451 N. New Jersey St. Indianapolis, IN 46204 317.808.0000

13 weeks, Saturdays from 9:30 AM to 11:30 AM Art and Museum Law: Cases and Materials by Lind, Jarvis & Phelan Seven Days in the Art World by Sarah Thornton There will be a closed book, sit down final exam that will account for 60% of the grade in the course. The examination will be comprised of questions based on the assigned readings, lectures and in-class discussions. Periodic assigned problems will account for 40% of the grade. I reserve the right to bump your grade up or down one grade increment (e.g., a B to a B+ or a B+ to an A-) on the basis of your class attendance and participation in class discussions. The schedule for the final examination is as determined in advance by the Recorders office. Please do not request any changes in the schedule for reasons known to you in advance, such as conflicts in the exam schedule or multiple exams on the same day (except as school policy may allow). Put the exam date on your calendar now, and check your complete exam schedule. There are no prerequisites for the course.

Prerequisites:

CLASS TOPICS AND READINGS This course will cover the law, people and institutions that constitute the world of the visual arts, including artists, museums, collectors, dealers, publishers and auctioneers. The course will also cover non-legal material geared to shaping practices of art market participants, such as codes and guidelines adopted by art- museum associations, as well as some relevant literature from other academic disciplines. Specific topics will include: 1. Contexts in which a legal institution must determine whether a particular object is a work of art or art of a particular type; 2. Artists rights, including intellectual property, statutory and non-statutory moral rights and resale rights; 3. Problems of authenticity; 4. The legal rights and duties of auctioneers, art dealers, and other intermediaries; 5. The legal structure of art museums, including issues of internal management and governance; 6. Stolen art, including objects looted during World War II; and 7. The emerging influence of public, private and charitable trusts. All assigned readings include preparation of the problems and questions that are found throughout the chapters of the text. Readings of primary authorities (conventions, treaties, statutes, and cases) and secondary materials (commentary in law journals, treatises, and news articles) in the text are intended as background information in order to be able to discern and resolve the issues raised by the problems. Class time primarily will be used to discuss the problems in the text and the laws and policies implicated by the problems. READINGS AND COURSE OUTLINE The OnCourse site for this class is: https://oncourse.iu.edu/portal/site/FA11- IN-LAW-D896-31917 (you will need your IU login credentials). The readings and schedule may vary depending on discussion flow and new developments. Listen/watch for announcements in class or on OnCourse. August 27, 2011 Introduction to Art Law; The Creation of Art Art and Museum Law, Chapter 1, Chapter 2 Problem 1 September 3, 2011 Protecting Ones Art

Week 1: Date: Topic: Reading due: Week 2: Date: Topic:

Reading due: Week 3: Date: Topic: Reading due: Week 4: Date: Topic: Reading due: Week 5: Date: Topic: Reading due: Week 6: Date: Topic: Reading due: Week 7: Date: Topic: Reading due: Week 8: Date: Topic: Reading due: Week 9: Date: Topic:

Art and Museum Law, Chapter 3 to pg. 89 Problems 2, 3, 4 September 10, 2011 Protecting Ones Art Art and Museum Law, Chapter 3, page 89 to 143 Problems 5, 6, 7 September 17, 2011 Displaying and Distributing Ones Art Art and Museum Law, Chapter 4 Problem 8 September 24, 2011 Selling or Disposing of Ones Art Art and Museum Law, Chapter 5 Problem 9 October 1, 2011 Art and the Investor; Auctions Art and Museum Law, Chapter 7, Assigned Readings for Auctions October 8, 2011 Art and Artifacts as National or Cultural Property; Government Funding of the Arts Art and Museum Law, Chapter 6, Chapter 8 FALL BREAK

October 22, 2011 Introduction to Museum Law; Organizational Structures of Museums Art and Museum Law, Chapter 9, Chapter 10 Problems 10, 11, 12, 13 October 29, 2011 The Tax-Exempt Status of Museums

Reading due: Week 10: Date: Topic: Reading due: Week 11: Date: Topic: Reading due: Week 12: Date: Topic: Reading due: Week 13: Date: Topic: Reading due:

Art and Museum Law, Chapter 11 Problems 14-30 November 5, 2011 Museum Fundraising and Marketing Art and Museum Law, Chapter 12 Problems 31-39 November 12, 2011 Museum Acquisitions, Collections Management Art and Museum Law, Chapter 13, Chapter 14 Problems 40-47 November 19, 2011 Fiduciary Responsibilities of Museum Officials Art and Museum Law, Chapter 15 THANKSGIVING BREAK

December 3, 2011 Course review Finish all previous reading

FINAL EXAM December 10, 2011