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Burke, Shane --- "Intellectual property law as artistic medium" [2020] ELECD 105; in McCutcheon, Jani; McGaughey, Fiona (eds), "Research Handbook on Art and Law" (Edward Elgar Publishing, 2020) 259

Book Title: Research Handbook on Art and Law

Editor(s): McCutcheon, Jani; McGaughey, Fiona

Publisher: Edward Elgar Publishing

Section: Chapter 16

Section Title: Intellectual property law as artistic medium

Author(s): Burke, Shane

Number of pages: 19

Abstract/Description:

Despite their relationship often being characterised in terms of polarity and antagonism, art and law have many synergies and upon further examination would appear to enjoy a reflexive and symbiotic relationship. Artists such as Superflex, Jill Magid and Carey Young have developed an approach with legal form becoming central to many of their works. Such artists have also looked to intellectual property law, a potent means of legal regulation of the arts, as a source of artistic raw material. They do so as a means of critiquing such regulation itself, the art world more generally, or to advance broader social and political concerns. This chapter will examine the law in art and art in law interface and explore how intellectual property law has shaped the form of many contemporary art works, while such works have simultaneously helped to shape interpretations of the law.