Art and Law: Property, Authenticity, and their Discontents

Noam Elcott

In this graduate seminar, we will explore new frontiers in the intersections of intellectual property law and the arts. Specifically, we will interrogate how the law undergirds the authentication and ownership of culture. We will read recent legal scholarship and relevant art and cultural history/theory to probe concepts such as: property, copyright/trademark, intangible cultural heritage, appropriation (of various kinds), commodification (of various kinds), geographical indications, and the commons and anticommons. Specific topics include theories of property (real, intellectual, cultural), “Andy Warhol Foundation v. Goldsmith,” Appropriation Art, kente cloth, hip-hop, Native American cultural property. Advanced knowledge of the arts or law required—i.e. students are encouraged to apply from relevant doctoral programs, law schools, and graduate schools in cultural heritage/management.

‘Art and Law: Property, Authenticity, and their Discontents’ application form