Foreign International Law

Download e-book for kindle: Art Collections, Private and Public: A Comparative Legal by Elina Moustaira

By Elina Moustaira

ISBN-10: 3319158015

ISBN-13: 9783319158013

ISBN-10: 3319158023

ISBN-13: 9783319158020

This e-book is a comparative felony research of the non-public and public paintings collections in a number of states of the area, masking crucial matters that sometimes come up and targeting the variations and the similarities of the nationwide legislation within the remedy of these issues.

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Extra info for Art Collections, Private and Public: A Comparative Legal Study

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It granted French visual artists a 3 % royalty upon resale of their works. More countries followed, mainly European but not only—for example, Brazil, Chile, Costa Rica, Ivory Coast. In Spanish law, the “Derecho de participación” was first regulated by Article 24 of the Real Decreto Legislativo 1/1996. 63 Unfortunately, it was never applied because of the complexity of the procedure of the sales’ regulation and the absence of real powers of control, of inspection of its application. 65 In the frame of European Union, the problems of this right’s application in some countries and the normative silence in others had as result a complete lack of homogeneity in the art market.

In Spanish law, the “Derecho de participación” was first regulated by Article 24 of the Real Decreto Legislativo 1/1996. 63 Unfortunately, it was never applied because of the complexity of the procedure of the sales’ regulation and the absence of real powers of control, of inspection of its application. 65 In the frame of European Union, the problems of this right’s application in some countries and the normative silence in others had as result a complete lack of homogeneity in the art market. 66 Having been considered as a matter of great importance, needing harmonization, the Directive 2001/84/CE of the European Parliament and the European Council was promulgated.

37 Bonneau 2013, p. 69. 38 Tipton 2009, p. 274. 39 Butera 2010, p. 127. 40 Fenzel 2007, pp. 569–570. S. Copyright Act limits moral rights to a narrow class of visual artists (creators of works of “recognized stature”), the 1988 Copyright, Designs and Patents Act currently in force in the United Kingdom41 extends moral rights to all copyright works protected—artistic works included. K. S. 42 In Australian law, the moral rights provisions are a relatively recent addition: they constitute Part IX of the Copyright Act and they came into force on 21 December 2000.

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Art Collections, Private and Public: A Comparative Legal Study by Elina Moustaira


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