Research Handbook on Art and Law
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Research Handbook on Art and Law

Edited by Jani McCutcheon and Fiona McGaughey

Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
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Chapter 9: Demystifying colour regulation in art – protecting substances, appearances and beyond

Ema Denby, Paul Green-Armytage and Jani McCutcheon

Abstract

This chapter explores the interrelationship between colour, art and the law. It considers problems for the law in regulating colour in art. It focuses on the potential to protect colours under Australian intellectual property law, but also explains how artists’ freedom to use certain colours may be legally curtailed under exclusive use contracts, trade secrets law, industry codes, and health law banning the use of harmful compounds. From a historical perspective, it argues that ‘soft’ law restricted the use of precious pigments available to artists. To illustrate the issues, it utilises two hypothetical case scenarios involving Yves Klein’s blue monochromes and recounts how ‘forbidden colours’ are at issue in contemporary controversies surrounding Klein’s patented colour International Klein Blue and Vantablack, the former being the most vivid blue ever produced and the latter, the blackest black. From the scientific literature on colour perception, the chapter distinguishes between colours as substances, appearances and perception. It discusses the difficulty in regulating colour when colour itself is subjective, and experiences not definitively predictable. In dealing with these challenges, the chapter draws implications for exercising creative freedom.

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