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The topic of this study might appear puzzling to creative artists and art worlds,1 namely painters, musicians, dancers, film-makers, playwriters, composers, all those who make artworks or work with artists, museum staff, art faculty, gallerists, collectors, art buyers and art lovers. What does international law have to do with art? And why is there a need to write a legal monograph on a topic that is self-evident? From the perspective of the aforementioned stakeholders, arts are and should remain free. Freedom is a vital condition for the realization of the creative process.
The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal arts, such as child pornography.
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