Santander Art and Culture Law Review最新文献

Shaping Franco-German Cooperation in the Museum Sector 打造博物馆领域的法德合作

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.020.18640

Julie Sissia

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Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.021.18641

Joacine Katar Moreira

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Combatting the Illicit Trade in Cultural Objects: Re-visiting the 2022 EU Action Plan against Trafficking in Cultural Goods 打击文物非法贸易：重新审视 2022 年欧盟打击文物贩运行动计划

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.019.18639

Céline Chazelas-Baur

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A European Panorama on the Copyright Status of Stage Directors 关于舞台导演版权地位的欧洲全景图

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.030.18650

Edit Sápi

{"title":"A European Panorama on the Copyright Status of Stage Directors","authors":"Edit Sápi","doi":"10.4467/2450050xsnr.23.030.18650","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.030.18650","url":null,"abstract":"The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions states outright in its guiding principles that culture is one of the main aspects of development, which is as important as its economic aspects, and which individuals and people have the fundamental right to participate in and enjoy. Theatrical productions are one of the best-selling forms of entertainment. From a cultural and artistic perspective, they are one of the oldest methods of expression which, in addition to self-expression, is also a mirror of the social and political order. The aim of this article is to present the theoretical, legislative, and jurisprudential positions on the copyright situation of the theatre director. The focus of the article is on the question of how the legal status of the theatre director is settled and regulated in different European legal systems. In several European countries there are no specific legal provisions on this matter. This article is organized as follows. First, the historical and cultural aspects of theatrical productions are introduced. After that, the most important copyright law features of dramatic works are reviewed, together with an overview of some European laws. In the core of the article, the current legal situation – and possible copyright law solutions for theatre directors – are elaborated.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139004424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

From the Ashes: Guarantees of Non-Recurrence for Destruction of Cultural Heritage 从灰烬中重生保证文化遗产免遭破坏

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.031.18651

P. McAuliffe

{"title":"From the Ashes: Guarantees of Non-Recurrence for Destruction of Cultural Heritage","authors":"P. McAuliffe","doi":"10.4467/2450050xsnr.23.031.18651","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.031.18651","url":null,"abstract":"Because cultural heritage is a significant aspect of identity, it is often targeted during conflict or periods of repression. The danger may diminish with peace or transition, but it does not evaporate. Heritage is inherently contentious post bellum, so communities fear for the ongoing safety of their heritage, either because conflict might recur or because past patterns of cultural chauvinism or neglect might be repeated. The material integrity of heritage has gradually become a matter of concern for transitional justice. It has long been a maxim of transitional justice that dealing with the past implies preventing in the future. There is a need for regulatory schema and administrative structures serving the goal of preserving and protecting the tangible cultural riches of the state and/or communities of origin from the lingering threats that the politics of power might again be played out over heritage. Guarantees of non-recurrence (GNR) offer both an ethos and a framework in which to prioritize and think through this work of protection, conservation, and safeguarding. This article argues that the World Heritage Convention, notwithstanding its circumscribed emphasis on material and places of outstanding universal value, is nevertheless applicable to all heritage to which a GNR might be attached and provides an achievable “good enough” practice model, provided there is a threshold level of domestic political will.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Dealing with Illicit Trade in Cultural Objects in the Context of Cultural Heritage Management for Museums 在博物馆文化遗产管理背景下处理文物非法贸易问题

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.024.18644

Irini A. Stamatoudi, Konstantinos Roussos

{"title":"Dealing with Illicit Trade in Cultural Objects in the Context of Cultural Heritage Management for Museums","authors":"Irini A. Stamatoudi, Konstantinos Roussos","doi":"10.4467/2450050xsnr.23.024.18644","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.024.18644","url":null,"abstract":"Cultural Heritage Management (CHM) is the main vehicle for helping museums to face challenges, secure sustainable competitiveness, and redefine themselves in a constantly changing world. In this context, CHM can support museums in their efforts to play a vital role in fighting the illicit trafficking of cultural property. This article focuses on how museums can benefit from the various advantages offered by CHM, specifically with respect to the fight against the illicit trade of cultural property and its return and restitution to its countries of origin. In this light, it deals with both proactive and repressive policies, discussing how museums can maintain their credibility and ensure that they operate in accordance with high legal and ethical standards. Finally, the article discusses how museums and countries have dealt with return and restitution claims in recent years. In this context the use of cutting-edge technologies, such as 3D printing, is also discussed. This work derives from the research project “Redefining the future of cultural heritage, through a disruptive model of sustainability” (ReInHerit), which has received funding from the European Union’s Horizon 2020 research and innovation programme.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Blockchain and Illicit Trafficking in Cultural Goods 区块链与文化产品的非法贩运

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.025.18645

Vissarion Giannoulis, Galatea Kapellakou

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Squaring the Triangle of Cultural Property Law. Seventy Years of UNIDROIT’s Work 摆平文化财产法的三角关系。国际统一私法协会七十年的工作

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.022.18642

G. Giardini

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Trade and Export of Archaeological Cultural Goods: A Conflict of Ideas 考古文物的贸易与出口：思想的冲突

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.034.18654

Kamil Zeidler, Paula Chmielowska

{"title":"Trade and Export of Archaeological Cultural Goods: A Conflict of Ideas","authors":"Kamil Zeidler, Paula Chmielowska","doi":"10.4467/2450050xsnr.23.034.18654","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.034.18654","url":null,"abstract":"Under Polish law objects that are archaeological cultural heritage discovered, accidentally found, or acquired as a result of archaeological research, are the property of the state. This is the situation of the original acquisition of the monument. As a further consequence, archaeological monuments are excluded from trade (becoming res extra commercium). Besides trade, the export of archaeological cultural goods is also highly problematic. In the case of permanent export of a monument abroad, the law imposes the obligation to obtain a permit for such permanent export, issued by the minister responsible for culture and the protection of national heritage. The regulation in Polish law makes it almost impossible for any archaeological cultural goods to be legally exported. The restricted freedom on the market of works of art and monuments in relation to archaeological finds, together with the limited options of mainly temporary export, have created high activity in the black market, calling for a change of approach of the national law towards archaeological heritage. This leads to the question: Should we introduce some legal changes in the ownership rights of archaeological heritage to bring it closer to people?","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139003488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Cultural Heritage Rights and Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights System 文化遗产权利和与文化遗产有关的权利：文化遗产权利体系回顾

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.027.18647

Guangyu Ding

{"title":"Cultural Heritage Rights and Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights System","authors":"Guangyu Ding","doi":"10.4467/2450050xsnr.23.027.18647","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.027.18647","url":null,"abstract":"Previous decades have witnessed the widespread use of human rights discourses in explaining cultural heritage issues. The content of the cultural heritage right (a term used interchangeably with “right to cultural heritage” in this text), and the relationship between cultural heritage and human rights are diversely demonstrated in international cultural heritage instruments and previous studies. Some of them may overlap or even contradict each other, causing confusion about the relevant concepts. This article aims to answer the twin question: What is the relationship between the “right to cultural heritage” and “rights related to cultural heritage”, which together comprise the cultural heritage rights system? The main feature of cultural heritage is its spiritual significance, which constitutes the basis of the human right to cultural heritage. The core content of the right to cultural heritage is the right to enjoy the intangible value of; meaning of; and interests inherent in cultural heritage. The holder of the right to cultural heritage is “everyone” – a concept so vague that it results in the intractable tension between the right and the rights of states, communities, individuals, Indigenous peoples, humanity as a whole, and so on. “Rights related to cultural heritage”, which are not cultural heritage rights per se, include public participation rights, the right to education, ownership rights, the rights to a livelihood, development, human dignity, equality, and other basic human rights. Some of them may promote the right to cultural heritage, while some may conflict with or limit the same right.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0