Ephemeral Art Creates Solid Contract, Copyright Issues

Law360, New York (August 30, 2011, 1:26 PM EDT) -- A Montreal woman's recent $10,000 purchase of an artwork that is literally a breath of fresh air may have raised eyebrows. But museums and collectors have been buying up intangible art for some time, raising legal complications that are all too concrete, attorneys said.

“Fresh Air,” bought by self-described new media producer Aimee Davison, is a piece that lets the owner breathe “the most delicious, clean-smelling air that the earth can produce” and name an entire wing of an invisible museum.

The group behind the work...
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