Freedom of Artistic Expression: Essays on Culture and Legal Censure

Description

This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.

Paul Kearns is a Senior Lecturer in Law in the University of Manchester, where he teaches Public International Law, Human Rights Law and, as a specialist yet popular topic, Law, Literature and Art.

While the book has a strong focus on English and international law, it may be of great interest to lawyers who advise people in the arts industry - particularly as it explores a combination of topics that not many books are brave enough to tackle, and enlightens the reader with an eye-opening historical analysis of the subject matter covered. This is a highly recommended read. -- Sharon Givoni * Intellectual Property Law Bulletin * This is an original and scholarly work setting art in a postmodern context and looking at various strands of the relationship between law and art. Like his earlier book, every art lawyer should have a copy. -- Simon Stokes * Entertainment Law Review, Volume 25, Issue 25 * The arduous protection of the artist's rights in our contemporary time is explored through a series of important cases described both from a legal and a philosophical perspective, leading the reader to reflect on the ontological status of art itself...Freedom of Artistic Expression represents a powerful and deep analysis of the art-law dialectic, supported by a multifaceted examination of all the factors, both literal and jurisprudential, that intervene in this conflicting relationship. -- Anja Meyer * Polemos, Volume 8. No. 2. 2014 * At a time when freedom of expression has come under fierce attack...this book provides invaluable assistance to all those who are engaged in fighting the good fight...The book instructs us in law, and is a truly pioneering work. -- A.G. Noorani * Frontline Magazine, January 9 2015 *