
Art and Copyright Law
An Interdisciplinary Study on Interpictoriality
Giulia Walter(Author)
Routledge (Publisher)
1st Edition
Published on 8. May 2025
Book
Hardback
250 pages
978-1-032-97448-4 (ISBN)
Description
This book tackles the lack of synchronicity between art and copyright law, proposing practical and interdisciplinary tools through which to navigate this conflict.
In the last decades, high profile lawsuits have been filed against artists accused of plagiarism including Jeff Koons, Barbara Kruger and Andy Warhol. This book demonstrates how these cases are at odds with contemporary artistic reality, in which the use of antecedent visual forms is common practice. Focusing on the dichotomies of "original/copy" and of "old/new", this work addresses this phenomenon from both theoretical and legal perspectives. Using Swiss copyright law as the main case study, the book comparatively assesses other international legal frameworks. Through understanding the origins of the conflict between art and copyright, the book highlights solutions to handle copyright cases with a new methodological approach.
The book will be of interest to researchers in the field of art and copyright law, intellectual property and art.
The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.
In the last decades, high profile lawsuits have been filed against artists accused of plagiarism including Jeff Koons, Barbara Kruger and Andy Warhol. This book demonstrates how these cases are at odds with contemporary artistic reality, in which the use of antecedent visual forms is common practice. Focusing on the dichotomies of "original/copy" and of "old/new", this work addresses this phenomenon from both theoretical and legal perspectives. Using Swiss copyright law as the main case study, the book comparatively assesses other international legal frameworks. Through understanding the origins of the conflict between art and copyright, the book highlights solutions to handle copyright cases with a new methodological approach.
The book will be of interest to researchers in the field of art and copyright law, intellectual property and art.
The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.
More details
Series
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Postgraduate
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 19 mm
Weight
564 gr
ISBN-13
978-1-032-97448-4 (9781032974484)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

E-Book
05/2025
1st Edition
Routledge
€0.00
Available for download

E-Book
05/2025
1st Edition
Routledge
€0.00
Available for download
Person
Giulia Walter is a lawyer based in Zurich, Switzerland. She studied law at the universities of Lucerne, Geneva and Vienna and obtained a PhD at the University of Zurich. Specializing in art law and intellectual property law, she strives to adopt an interdisciplinary approach bridging between the disciplines of law, (legal) sociology and art theory. In her work, she has in particular engaged with Niklas Luhmann's systems theory, which allows an accurate description of the interactions of different autonomous social systems (such as art and law) by preserving their differences and analyzing their reciprocal expectations.
Content
Introduction
Part I: The Interpictorial Original Copy
1. An Art Historical Novum
Part II: The Work, or "The Original"
2. The Fundamentals of the Work
3. Three Axes of Copyright Protection
4. The Work's Scope of Protection
Part III: Copyright Spaces for Interpictoriality
5. The Exceptions to Copyright in Comparative Perspective
6. On The Relation Between Art and Copyright Law
Part IV: Displacing The Paradox
7. Beyond Copyright Law - External Remedies
Part V: Back To Copyright Law
8. Towards A Cognitively Open Copyright Law
Conclusions
Part I: The Interpictorial Original Copy
1. An Art Historical Novum
Part II: The Work, or "The Original"
2. The Fundamentals of the Work
3. Three Axes of Copyright Protection
4. The Work's Scope of Protection
Part III: Copyright Spaces for Interpictoriality
5. The Exceptions to Copyright in Comparative Perspective
6. On The Relation Between Art and Copyright Law
Part IV: Displacing The Paradox
7. Beyond Copyright Law - External Remedies
Part V: Back To Copyright Law
8. Towards A Cognitively Open Copyright Law
Conclusions