The SciTech Lawyer, Winter 2018: Art Law

 

Features

Science & Engineering

Mobile Devices, Public Spaces, and Freedom of Panorama : Reconciling the Copyright Act with Technological Advances and Social Norms Regarding Content Creation and Online Sharing

To reconcile today’s accepted social norms of content creation and online sharing with the present Copyright Act, Congress should give serious consideration to expanding freedom of panorama to exempt from infringement reproductions of works of visual art, photographs, and architectural works located in spaces held open to the public.

Science & Engineering

Rendering Authenticity of Artworks Nonjusticiable through Science and Technology

A positive legal conclusion that an artwork is an authentic work created by the attributed artist will turn on competing opinions about what is ultimately a subjective question based on applying a factually imperfect evidentiary burden of proof. Only science and technology can solve this problem, assuming that science and technology can take the question to absolute zero and render it nonjusticiable.

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The SciTech Lawyer is published quarterly as a service to its members by the Section of Science & Technology Law of the American Bar Association. It endeavors to provide information about current developments in law, science, medicine, and technology that is of professional interest to the members of the ABA Section of Science & Technology Law.

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