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date: 22 August 2019

Art legislationlocked

  • Laurie A. Morin
  • , revised by Friederike Gräfin von Brühl

Extract

Multilateral treaties and bilateral agreements relating to art, made largely in the latter part of the 20th century. These agreements were set up by nations in response to an unprecedented combination of political, economic, and technological changes affecting the art world, especially the tension between the demand for a free international art market and the need for countries to protect their own resources. This need for regulation is manifested in two important legislative areas: the increasing demand among developed nations for global recognition of their intellectual property rights, and the increasing demand among emerging nations for legislation to protect their cultural properties.

“Intellectual property” is the legal term used to describe statutorily protected intangible rights of artists to their creations. Intellectual property rights are separate from the property rights that are intrinsic to the tangible work (i.e. painting, sculpture, etc.) when it is sold or transferred, and are inalienable from the creator, unless they are expressly transferred. The three most important intellectual property rights are copyright, ...

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