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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. 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 ...
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Cultural Property
Cultural property does not have a universal definition, but it is commonly considered to be tangible (physical, material) items that are part of the cultural heritage of a group or society, as opposed to less tangible cultural expressions. They include such items as cultural landscapes, historic buildings, works of art, archaeological sites, as well as collections of libraries, archives and museums. Legal protection of cultural property comprises a number of international agreements and national laws. There is intensive cooperation between the United Nations, UNESCO and Blue Shield International on the protection of cultural goods. Definition Article 1 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 defines cultural property as follows:
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Cultural Heritage
Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by society. Cultural heritage includes cultural property, tangible culture (such as buildings, monuments, landscapes, books, works of art, and artifacts), intangible heritage, intangible culture (such as folklore, traditions, language, and knowledge), and natural heritage (including culturally significant landscapes, and biodiversity).Ann Marie Sullivan, Cultural Heritage & New Media: A Future for the Past, 15 J. MARSHALL REV. INTELL. PROP. L. 604 (2016) https://repository.jmls.edu/cgi/viewcontent.cgi?article=1392&context=ripl The term is often used in connection with issues relating to the protection of Indigenous intellectual property. The deliberate act of keeping cultural heritage from the present for the future is known as Conservation (cul ...
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Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that pro ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Cultural Property
Cultural property does not have a universal definition, but it is commonly considered to be tangible (physical, material) items that are part of the cultural heritage of a group or society, as opposed to less tangible cultural expressions. They include such items as cultural landscapes, historic buildings, works of art, archaeological sites, as well as collections of libraries, archives and museums. Legal protection of cultural property comprises a number of international agreements and national laws. There is intensive cooperation between the United Nations, UNESCO and Blue Shield International on the protection of cultural goods. Definition Article 1 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 defines cultural property as follows:
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Cultural Property Law
Cultural property law is the body of law that protects and regulates the disposition of culturally significant material, including historic real property, ancient and historic artifacts, artwork, and intangible cultural property. Cultural property can be any property, tangible or intangible, having special significance to a defined group of people, whether or not the group is vested with a traditional property interest. Cultural property laws may be international (such as international conventions or bilateral agreements) or domestic (such as federal laws or state laws). Major issues Cultural property during armed conflict Two major treaties have dealt with the issue of cultural heritage protection during armed conflict: * Roerich Pact of 1935, amongst the Pan American Union * Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954, superseding the Roerich Pact. Repatriation and looting Repatriation issues may also apply domestically, f ...
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Moral Rights (copyright Law)
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation".
Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986).
Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights ...
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Elgin Marbles
The Elgin Marbles (), also known as the Parthenon Marbles ( el, Γλυπτά του Παρθενώνα, lit. "sculptures of the Parthenon"), are a collection of Classical Greek marble sculptures made under the supervision of the architect and sculptor Phidias and his assistants. They are original parts of the Parthenon and other sacred and ceremonial structures built on the Acropolis of Athens in the 5th century BCE. The collection is on display in the British Museum, in the purpose-built Duveen Gallery. The presence of the Elgin Marbles in the British Museum is the subject of international controversy. From 1801 to 1812, agents of Thomas Bruce, 7th Earl of Elgin removed about half of the surviving sculptures of the Parthenon, as well as sculptures from the Propylaea and Erechtheion,''Encyclopædia Britannica'', "Elgin Marbles", 2008, O.Ed. and had them transported by sea to Britain. Elgin argued as his authority for this that he had obtained an official decree (a firman) fro ...
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Easter Island Head
Moai or moʻai ( ; es, moái; rap, moʻai, , statue) are monolithic human figures carved by the Rapa Nui people on Rapa Nui in eastern Polynesia between the years 1250 and 1500. Nearly half are still at Rano Raraku, the main moai quarry, but hundreds were transported from there and set on stone platforms called ahu around the island's perimeter. Almost all moai have overly large heads, which comprise three-eighths the size of the whole statue - which has no legs. The moai are chiefly the living faces (''aringa ora'') of deified ancestors (''aringa ora ata tepuna''). The statues still gazed inland across their clan lands when Europeans first visited the island in 1722, but all of them had fallen by the latter part of the 19th century. The moai were toppled in the late 18th and early 19th centuries, possibly as a result of European contact or internecine tribal wars. The production and transportation of the more than 900 statues is considered a remarkable creative and physica ...
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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. 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 ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ...
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