How The Law Encounters Public Art

Public art refers to artworks displayed in public spaces.As an important part of urban construction,public art not only shapes the image of the city,but also plays a subtle role in the development of the economy and the stability of the social order.The core elements of public art are public space planning and public financial allocation.Therefore,public art needs to be regulated and protected by law from capital investment,creation process to future maintenance.The United States is one of the earliest countries with public art legislation.Due to the national structure of the federal system,various states and localities have produced a wealth of public art systems and practical experience based on their own political and economic considerations.The thesis is based on the public art plan promoted by Roosevelt's New Deal in the United States,and public art has gradually become an important content in urban construction since the middle and late 20 th century,trying to outline how the law faces the problems of public art in different situations.Including the necessity and implementation procedures of public financial funding of public art,the definition of public art property rights,the rights of artists,the relevant procedures for permanent works of art to be demolished due to urban planning,and the control and protection of private artworks in public spaces.The above issues run through the origin and development of American public art law.Another way of investigation is that public art,as a type of American cultural and art funding,is mainly presented through government funding or corporate sponsorship.The power exercised by the government in the process of public art funding should be based on the protection of citizens' rights,but it can also lead to abuse of power.The government allocates public funds and public space to artists,specific groups or organizations,allowing them to display their creative achievements in the public domain,and disseminate specific information and emotional expressions.Grantees(artists or organizations)must also accept the conditions and restrictions set by the government.In the process of art funding,the government restricts the use of speech content and property of individuals or groups to a certain extent.Does the use of public power violate the rights of property owners? In the process of the development of American public art law,a wealth of judicial practice has been produced.The courts are constantly looking for a balance between respecting the legislature and protecting private interests,and delimiting boundaries to provide more channels and freedom for the development of public art.The structure of the thesis is based on the three pillars.One is that since Roosevelt's New Deal,the government began to realize the importance of public art,and placed public art funding under the framework of urban renewal,with the goal of promoting outstanding art.The public art law is formulated by the federal,state and local governments play an important role in the planning and management of public art.In different periods,government power has been restricted to varying degrees,and the content of the public art law has been revised and adjusted accordingly.Second,as a type of speech,artistic expression is protected by the First Amendment.Public art is art for the public to appreciate,conveying universal values.The government has to restrict the content of public art,or through funding to exclude specific artistic expressions.So what are the rules and boundaries for controlling speech? Third,American traditional liberalism promotes the concept of private property rights,which has repeatedly run into walls in the practice of public art.Private property rights are subject to varying degrees of restrictions and challenges under the triangular relationship between the government,enterprises,and individuals.Based on the above clues,this article is divided into four chapters to describe.The first chapter discusses how law is involved in the field of art.Where do the two fields of art and law intersect? The law should protect and promote the prosperity and development of art.At the same time,in order to maintain social order,the development of art must be regulated by law.As a new branch of law,art law grows on a certain social basis.The prosperity of American art law originated from the transfer of art centers from Europe to New York after World War II,and the booming art market in the United States.The art law adjusts various social relations related to those engaged in art activities.The subject of art law enjoys two important rights,namely freedom of speech and property rights,and at the same time bears corresponding obligations.The second chapter Two takes art's entry into public space as a perspective,reviewing a series of looking back at the Roosevelt New Deal period,a series of administrative orders and the rise of private foundations promoted the development of public art.From individual creation and collection,art has gradually become a regular urban cultural space construction project.The federal,state,and local laws are public art legislation to ensure the continuity and stability of the development of public art.This article continues with the first chapter analysis of two rights in public art,namely,freedom of speech and property rights that have changed due to the special elements of public space.The third chapter mainly discusses the development and evolution of public art law from the 1960 s to the end of the 20 th century.The public art law has become increasingly mature under the urban renewal policy implemented by the federal government since 1960.After the 1970 s,due to the government's shortage of public finances,public art and other public services were marketized together,and individuals and enterprises became patrons of public art.On the one hand,the government has formulated various policies to encourage private investment in art funding.On the other hand,due to the display of art in public spaces,the government must restrict private property rights and freedom of speech.The ensuing rights disputes intensified by the end of the 20 th century.The last Chapter focuses on the issues arising from freedom of speech and property rights in public art in the 20 th century.In the 21 st century,the U.S.Public Art Law summarizes historical experience,responds to new art forms and social needs,and its operating mechanism is becoming more and more perfect,further expanding the scope of legal protection of artworks.The public art law of the United States has produced the rich practical experience and lessons in the development process,which provides a certain reference value for China to build an "Urban Cultural Living Room".