AR343-6-SP-CO:
Art, the Law and the Market

The details
2020/21
Art History and Theory
Colchester Campus
Spring
Undergraduate: Level 6
Current
Sunday 17 January 2021
Friday 26 March 2021
15
11 May 2020

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

BA V351 Curating,
BA V352 Curating (Including Year Abroad),
BA V353 Curating (including Placement Year),
BA V359 Curating (Including Foundation Year),
BA V35B Curating (Including Foundation Year and Year Abroad),
BA V305 Curating with Politics,
BA V306 Curating with Politics (Including Foundation Year),
BA V307 Curating with Politics (including Placement Year),
BA V308 Curating with Politics (including Year Abroad),
BA V309 Curating with History,
BA V310 Curating with History (Including Foundation Year),
BA V311 Curating with History (including Placement Year),
BA V312 Curating with History (including Year Abroad),
BA VV40 Art History, Heritage and Museum Studies,
BA VV41 Art History, Heritage and Museum Studies (Including Foundation Year),
BA VV42 Art History, Heritage and Museum Studies (including Placement Year),
BA VV43 Art History, Heritage and Museum Studies (including Year Abroad)

Module description

TThis module explores art`s relationship with the law and the market, focusing on how issues such as property rights, valuation, market transparency, and digitisation have shaped and continue to reshape the field of art across different media.

The module has three overarching objectives. First, it seeks to provide a broad historical overview of art`s intersection with the law and the market, since only through such a historical understanding can students critically evaluate contemporary phenomena. Second, we will address the aesthetic and ethical implications of art's intersection with the law and the market: for example, through artists` intentional appropriation of copyrighted imagery, or through cases of restitution involving plundered artefacts or artworks. Third, the module examines legal and market-related issues that have dramatically transformed different art forms since the 1970s, such as the rise of the Internet and the globalization of financial markets.

Module aims

The aims of the module are:

to introduce key issues that have shaped art's relationship to law and the market;

to nuance student understanding of the social and political forces that have led to changes in art law and the art market;

to introduce students to specialised debates in past and recent literature around art's intersection with law and the market;

to heighten student awareness of different methods for analysing major legal and market-related issues that drive the production, circulation and reception of art;

to stimulate students to develop skills in written communication through written and oral communication

Module learning outcomes

By the end of this module, students should have:

a sound grasp of how market forces and legal issues have shaped the production, circulation and reception of art;

a substantial understanding of how technological change, national contexts and ideology have shaped art law and the art market;

a familiarity with the different ways social and political forces have impacted art law and the art market;

the capacity to critically synthesise, historicise, and critically analyse recent legal and market-related developments in the art world;

the ability to demonstrate all of these competences through verbal expression, both written and oral.

Module information

No additional information available.

Learning and teaching methods

There will be a two-hour combined lecture and seminar each week. There will be a 2 hour exam in the summer term. All teaching events will be accessible to students on and off campus either face-to-face or remotely through online teaching. Week 21 is reading week.

Bibliography

  • Marchi, Neil De; Miegroet, Hans J. Van. (1994-09) 'Art, Value, and Market Practices in the Netherlands in the Seventeenth Century', in The Art Bulletin. vol. 76 (3) , pp.451-
  • Secrets of the (High-End) Art Market | The Huffington Post, http://www.huffingtonpost.com/daniel-grant/secrets-of-the-highend-ar_b_796356.html
  • Stokes, Simon. (c2012) 'The Copyright System: Justification and History', in Art and copyright, Oxford: Hart., pp.11-30
  • McCauley, Anne. (2008-02) '"Merely mechanical": on the origins of photographic copyright in France and Great Britain', in Art History. vol. 31 (1) , pp.57-78
  • Collector Says Gallery Lost Key to Minimal Art, https://www.courthousenews.com/collector-says-gallery-lost-key-to-minimal-art/
  • Merryman, John. (2009) Thinking about the Elgin Marbles: Critical Essays on Cultural Property, Art, and Law, Alphen aan den Rijn: Kluwer Law International.
  • Orley Ashenfelter. (no date) 'Anatomy of the Rise and Fall of A Price-fixing Conspiracy: Auctions at Sotheby's and Christie's', in Journal of Competition Law and Economics. vol. 1 (1) , pp.3-20
  • Shapreau, Carla. (2002) 'Art, Internet, and U.S. Copyright Law', in Dear images: art, copyright and culture, London: Ridinghouse., pp.142-159
  • Lee, Joan. (2019) 'Double Embodiments: Felix Gonzales Torres’s Certificates', in Models of Integrity: Art and Law in Post-Sixties America, Oakland., pp.191-226
  • Miegroet, Hans J Van; Cronheim, Hilary; Miyamoto, Bénédicte. (2019) 'International Dealer Networks and Triangular Art Trade between Paris, Amsterdam and London', in London and the emergence of a European art market, 1780-1820, Los Angeles: The Getty Research Institute., pp.51-63
  • Richardson, Brenda. (2000) 'Unexpected Directions: Sol LeWitt’s Wall Drawings', in Sol LeWitt: a retrospective, San Francisco: San Francisco Museum of Modern Art., pp.37-46
  • Cuno, James. (2008) 'Introduction: The Crux of the Matter', in Who owns antiquity?: museums and the battle over our ancient heritage, Princeton, N.J.: Princeton University Press., pp.1-20
  • Sandholtz, Wayne. (2007) 'Nazi Plunder: Strengthening the Rules', in Prohibiting plunder: how norms change, New York: Oxford University Press., pp.127-166
  • Stokes, Simon. (c2012) Art and copyright, Oxford: Hart.
  • Bazyler, Michael J. (2003) Holocaust justice: the battle for restitution in America's courts, New York, NY: New York University Press.
  • (18 July 2015) 'Instagram, an artist and the $100,000 selfies: appropriation in the digital age', in The Guardian.
  • Krauss, Rosalind E. (2011) ''1977' and '1980'', in Art since 1900: Modernism, Antimodernism, Postmodernism, London: Thames & Hudson.

The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam Description Deadline Coursework weighting
Coursework   Quizzes TOTAL     43% 
Coursework   2500 word essay    57% 
Exam  Main exam: 24hr during Summer (Main Period) 

Exam format definitions

  • Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
  • In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
  • In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
  • In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary, for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.

Your department will provide further guidance before your exams.

Overall assessment

Coursework Exam
70% 30%

Reassessment

Coursework Exam
70% 30%
Module supervisor and teaching staff
Dr Michael Tymkiw, email: mtymkiw@essex.ac.uk.
Dr Michael Tymkiw
spahinfo@essex.ac.uk

 

Availability
Yes
Yes
No

External examiner

Prof Richard Simon Clay
Newcastle University
Professor of Digital Cultures
Resources
Available via Moodle
Of 576 hours, 0 (0%) hours available to students:
576 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information
Art History and Theory

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