Art and culture law

Art and culture law is the body of law, including domestic and foreign law, and multilateral treaties and conventions, that regulates and is applied to artists, fine art and cultural property. Art can expose society's faults and freedoms and often artistic expression can conflict with cultural and political ideals. Yet equally, art can also make sense of law - advancing dialogues on social injustice.^[1]^[2]

Areas of art and culture law[]

Art and cultural property law
Art and cultural heritage law
Berne Convention for the Protection of Literary and Artistic Works (1971)
Copyright litigation
Cultural property disputes
Cultural property law
Federal cultural property legislation
International cultural property protection
Moral rights

Theories[]

John Henry Merryman is a pioneer of cultural and artistic property law academia. He has drawn distinctions between two paradigms through which art and cultural law can be defined. The first is the subject being independent of its national ties and attracting significance and meaning from the historical or archaeological interest that is generated by human culture.^[3] This is idea is legally bolstered by the UNESCO definition of cultural objects which is a close definition of significant objects which attract interest.^[4] The second in-extricably ties cultural objects to their national heritage which in turn legitimises efforts for their re-patriation (see Elgin marbles, Gweagal shield, Easter island).

References[]

^ Pessach, Guy (2008). "[Networked] Memory Institutions: Social Remembering, Privatization and its Discontents". SSRN Electronic Journal. doi:10.2139/ssrn.1085267. ISSN 1556-5068.
^ Almino, Elisa Wouk (2017-01-12). "How Art and Law Can Work Together Beyond the Marketplace". Hyperallergic. Retrieved 2021-01-27.
^ John Henry Merryman ‘Two Ways of Thinking About Cultural Property’ The American Journal of International Law Vol. 80, No. 4 (Oct., 1986), pp. 831-853 (23 pages) Cambridge Uni Press
^ Article 1, The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970.

External links[]

The Art Law Blog
National Coalition Against Censorship Art Law Database
Authentication in Art: Art & Law^{[permanent dead link]}

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[1] Pessach, Guy (2008). "[Networked] Memory Institutions: Social Remembering, Privatization and its Discontents". SSRN Electronic Journal. doi:10.2139/ssrn.1085267. ISSN 1556-5068.

[2] Almino, Elisa Wouk (2017-01-12). "How Art and Law Can Work Together Beyond the Marketplace". Hyperallergic. Retrieved 2021-01-27.

[3] John Henry Merryman ‘Two Ways of Thinking About Cultural Property’ The American Journal of International Law Vol. 80, No. 4 (Oct., 1986), pp. 831-853 (23 pages) Cambridge Uni Press

[4] Article 1, The UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970.

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