Cardozo Arts & Entertainment Law Journal
How have social institutions, customs, and intellectual property laws affected creative activity in the fine arts? This article examines the many relationships between the fine arts and their social and legal environment. For the purposes of this paper, the fine arts embrace painting, sculpture, and (classical) musical composition. As will be shown below, in the arena of the fine arts, the respective roles of subjective factors - factors internal to the artists themselves - and external influences upon them from the larger society have changed dramatically over the last one hundred years. These changes have expanded the role of the subjective. Consequently, significant gaps in understanding have arisen between artists and the educated (but unprofessional) public. One result has been the evolution of institutional mechanisms to surmount these barriers.
Daniel J. Gifford, Innovation and Creativity in the Fine Arts: The Relevance and Irrelevance of Copyright, 18 Cardozo Arts & Ent. L.J. 569 (2000), available at http://scholarship.law.umn.edu/faculty_articles/347.