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Writings and Publications | Publications

Writings and Publications by Peter H. Karlen

Topics include art, publishing and intellectual property law, and aesthetics:

The Art of Naming: NEONYM Creative Guide to Selecting Names and Trademarks (2008).

"Architecture and Copyright," Copyright World, No. 73, 24 (September 1997), also appearing in IP World, No. 44, 33 (September 1997).

"Time and Copyright," Copyright World, No. 68, 16 (March 1997), also appearing in IP World, No. 39, 19 (March 1997).

"The California Droit de Suite," Copyright World, No. 65,  23 (November/December 1996).

"Defining Art:  A Legal Perspective," The Visual Artist's Business and Legal Guide 34; (Gregory T. Victoroff ed. 1994).

"Art Destruction:  An Overview," The Visual Artist's Business and Legal Guide 51; (Gregory T. Victoroff ed. 1994).

"Artists and Insurance," The Visual Artist's Business and Legal Guide 269; (Gregory T. Victoroff ed. 1994).

"Death and Copyright," Copyright World, No. 39, 43 (April 1994).

"What's Wrong with VARA: A Critique of Federal Moral Rights," 15 Hastings COMM/ENT L.J., 905 (1993).

"Moral Rights and Real Life Artists," 15 Hastings COMM/ENT L.J., 929 (1993).

"Book Review of The Deskbook of Art Law (Second Edition)," 15 Hastings COMM/ENT L.J., 989 (1993), also appearing in 20 "Law Books in Review," 150 (1993).

"Co-ownership of Moral Rights," Copyright World, No. 36, 38 (December 1993/January 1994). 

"Protecting Style in the United States," Copyright World, No. 32, 25 (July/August 1993). 

"Copyrights, Moral Rights, and Possessory Rights in Landscape Works: A Legal Menage a Trois," Copyright World, No. 29, 25 (April 1993).

"Selling Limited Edition Copies," Copyright World, No. 26, 29 (December 1992/January 1993).

"U.S. National Report on Topic 2. Rights of Artists and the Circulation of Works of Art," 4 International Art Trade and Law 297 (M. Briat and J. Freedberg, eds. 1993; International Chamber of Commerce Publishing, S.A.).

"U.S. National Report on the Rights of Artists and the Circulation of Works of Art," Colloque sur Les Aspects Juridiques Du Commerce International De L'Art (Madrid, February 12-14, 1992).

"Moral Rights in the USA,"  Copyright World, No. 19, 16 (November/December 1991)

"United States National Report on Topic 3:  Rights of Artists and Their Heirs" in International Art Trade and Law 315 (M. Briat and J. Freedberg, eds. 1991; International Chamber of Commerce Publishing, S.A.).

"Fragrant Trademarks," 16 New Matter (journal of the Intellectual Property Section of the State Bar of California), No. 2, 14 (Summer 1991).

"Joint Ownership of Moral Rights," 38 Journal of The Copyright Society of the U.S.A. 242 (1991).

"Protection of Sounds," Copyright World, No. 15, 25 (March/April 1991).

"Fragrance Registration in the U.S.," Trademark World, No. 34, 18 (February 1991).

"Using Time Locks, Viruses and Other Devices to Control Software," Managing Intellectual Property, No. 2, 13 (November 1990).

"The Case of the Errant `Oscar': Intellectual Property  Protection for Trophies," Trademark World, No. 26, 33  (April 1990), reprinted in 15 New Matter (journal of the Intellectual Property Section of the State Bar of California) No. 4, 5 (Winter 1990).

"Comment: Reverse Copyright Notices--A New Proposal," Copyright World,  No. 12, 14 (September/October 1990).

"Performers' Rights in Sport: A Comment," Copyright  World, No. 9, 14 (March/April 1990).

"Final Word on Works Made for Hire?,"  Copyright World, No. 6, 14 (September 1989).

"To Hire or Not to Hire: A Critique of Community for  Creative Non-Violence v. Reid," 14 New Matter (journal of the Intellectual Property Section of the State Bar of California) No. 3, 2 (Fall 1989).

"Answers to Supplemental Questions by Senator Dennis  DeConcini and by Senator Patrick J. Leahy" in connection with hearings on S.1198.  (The Visual Artists' Rights Act of 1989) before the Senate Subcommittee on Patents, Trademarks, and Copyrights (submitted July 17, 1989); "Moral Rights in Our Copyright Laws," Senate Hearing No. 101-694, Serial No. J-101-25, p. 112.

Statement of Peter H. Karlen before Senate Subcommittee  on Patents, Copyrights, and Trademarks, Hearing on S. 1198 (The Visual Artists' Rights Act of 1989), June 20,  1989, "Moral Rights in Our Copyright Laws," Senate Hearing No. 101-694, Serial No. J-101-25, p. 90.

"Appraiser's Responsibility for Determining Fair Market Value:  A Question of Economics, Aesthetics and Ethics," 13 Columbia-VLA Journal of Law & the Arts 185 (1989), also appearing in International Sales of Works of Art, 667 (M. Briat, ed. 1990; International Chamber of Commerce Publishing, S.A.).

The Artist's Friendly Legal Guide (co-authors Floyd Connor, Jean S. Perwin, David M. Spatt; Artist's Market business series, F & W Publications 1988, revised edition 1991). 

"Publicity Rights After Death: New Rights for the Dead," 8 Journal of Media Law & Practice 11 (1987).

"Artist-Collector Relations," 17 California Western International Law Journal 272 (1987).

"Worldmaking: Property Rights in Aesthetic Creations," 45 Journal of Aesthetics & Art Criticism 183 (1986), also appearing in Ethics and the Arts: An Anthology 171 (D.E.W. Fenner ed. 1995, Garland Publishing, Inc.).

"The Law of Glass," [1986] Glass Art Society Journal 131.

"Fakes, Forgeries and Expert Opinions," 16 Journal of Arts Management and the Law 5 (1986); also appearing in International Sales of Works of Art 219 (P. Lalive ed. 1988, International Chamber of Commerce Publishing, S.A.).

"Descendible Publicity Rights: California's Grateful Dead," 8 COMM/ENT 111 (1986).

"Artists Rights Today," 4 California Lawyer No. 3, 22 (1984), reprinted in July/August (1984) issue of State of the Arts (California Arts Council).

"Aesthetic Quality and Art Preservation," 41 Journal of Aesthetics & Art Criticism 309 (1983).

"Moral Rights in California," 19 San Diego Law Review 675 (1982).

"Insurance for the Working Artist,"in The Visual Artist's Manual 263 (S. Grode & D. Steiner, eds. 1981).

"The Preservation of Art in California, 2 Journal of Media Law & Practice 3 (1981).

"Legal Aesthetics," 19 British Journal of Aesthetics 195 (1979); revised as "Art in the Law," 14 Leonardo 51 (1981).

"What is Art?  A Sketch for a Legal Definition," 94 Law Quarterly Review 383 (1978).

"Mens Rea: A New Analysis," 9 University of Toledo Law Review 191 (1978).

"An Economic Analysis of the Concepts of Actus Reus and Mens Rea," 1 Warwick Law Working Papers No. 1 (1977).

The ArtLaw series commencing in 1979 and ending in 1994, appearing in Artweek starting September 1979, in Art Cellar Exchange Magazine starting July 1989, in Art Calendar starting June 1989, in Equine Images starting March 1992, and occasionally in Art Matters (published by California Confederation of the Arts), State of the Arts (published by the California Arts Council), and other publications.

The Literary Law series starting in 1987 and ending in 1991, appearing in the Writers Haven Journal, Haven Journal for Writing Writers, and Writers Monthly.

 
   
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