Santander Art and Culture Law Review最新文献_第2页

Personal Data as Consideration 作为考虑因素的个人数据

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.029.18649

Gábor János Dudás, András György Kovács, Márton Schultz

{"title":"Personal Data as Consideration","authors":"Gábor János Dudás, András György Kovács, Márton Schultz","doi":"10.4467/2450050xsnr.23.029.18649","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.029.18649","url":null,"abstract":"This article argues that personal data may have a commercial value in the European legal systems, and as such it can function as a consideration and has a quid pro quo character. It claims that the European Data Protection Board (EDPB) should not exclude that data concerning the data subject can be used as contractual consideration, especially in the world of the Internet. In particular, it cannot be excluded solely on the basis that the right to privacy is not transferable, a position taken thus far in the EDPB’s practice. This proposed new approach is supported by the fact that in some EU Member States the property aspects of the general right of personality have been recognized, a stance which may also apply to personal data, without the need to recognize a kind of data ownership or sui generis intellectual property right in the data. Thus, the theory of commercial aspects of personality rights can be linked to the commercial value of personal data. The quid pro quo function of personal data may also be recognized in line with the provisions of the General Data Protection Regulation (GDPR). In fact, maintaining the interpretation of the EDPB – which denies the quid pro quo character of personal data from a fundamental rights perspective – means that the dangers of such data processing cannot be assessed. This affects cultural heritage in many aspects – from the sending of newsletters to selling merchandise products in museums. The EDPB’s guidelines, as soft law, have no direct impact on the case-law of the national courts, thus this also significantly increases the risk of a collision between the simultaneously available remedy regimes established by the GDPR.","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":"139004923","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

Making the Case for the Restitution of Illicitly Acquired Cultural Objects under the Rules of Jus Cogens 根据强制法规则提出归还非法获得的文物的理由

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.026.18646

A. Adewumi, Victor O. Adenekan

{"title":"Making the Case for the Restitution of Illicitly Acquired Cultural Objects under the Rules of Jus Cogens","authors":"A. Adewumi, Victor O. Adenekan","doi":"10.4467/2450050xsnr.23.026.18646","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.026.18646","url":null,"abstract":"Over the years, our perspective on cultural heritage has undergone changes. The field has become more diverse, requiring solution-focused approaches to address the underlying problems associated with cultural heritage. One significant challenge is the issue of restitution, which is considered a major failure of international cultural heritage law. How can international cultural heritage law completely heal historical wounds instead of merely offering empty hopes to those who have suffered? Simply acknowledging past wrongs by offending states is insufficient, and it does not align with the fundamental legal principle that where there is a wrong, there should be a remedy (ubi jus ibi remedium). Despite the considerable growth in the jurisprudence of international cultural heritage law, there remains a pressing need to consolidate the legal framework to facilitate the restitution of stolen or looted cultural objects. This article argues that the prohibition of plunder and pillage of cultural property constitutes a jus cogens rule of international law. Its violation therefore gives rise to an unconditional obligation to restitute such property.","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":"139004929","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

Combating Illicit Trade in Cultural Objects in the Staatliche Museen zu Berlin (State Museums in Berlin): Policies in Acquisitions and Loans and Research of Provenance 柏林国立博物馆打击文物非法贸易：收购、借用和来源研究政策

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.023.18643

Petra Winter, Florentine Dietrich

{"title":"Combating Illicit Trade in Cultural Objects in the Staatliche Museen zu Berlin (State Museums in Berlin): Policies in Acquisitions and Loans and Research of Provenance","authors":"Petra Winter, Florentine Dietrich","doi":"10.4467/2450050xsnr.23.023.18643","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.023.18643","url":null,"abstract":"In March 2018 the Staatliche Museen zu Berlin-Preußischer Kulturbesitz (State Museums in Berlin) received a significant bequest from the estate of art historian Barbara Göpel (1922-2017), consisting of two paintings, 46 drawings, and 52 prints by Max Beckmann (1884-1950) and one painting by Hans Purrmann (1880-1966). This bequest represents an important addition to the collection of classical modernist works in the Nationalgalerie (National Gallery) and the Kupferstichkabinett (Museum of Prints and Drawings). In 1937 – during the time of National Socialism – the Nationalgalerie lost 505 artefacts as a result of the confiscation of “degenerate art”, among them eight works of Beckmann, who was in those times classified as a “degenerate artist”. But from whom did the Staatliche Museen zu Berlin receive this bequest? And is it generally important to ask from whom a museum receives an artefact? Where did the artworks come from? Is their provenance “clean” in the sense of the 1998 Washington Conference Principles on Nazi-Confiscated Art? Is it legitimate to make a distinction between the person of the collector/estate and the works of art? These are some of the – legal but also moral – questions a museum must address before accepting any cultural object that belonged to a collector who was actively working for a gigantic project like the “Führermuseum Linz”. Or should rejection of the bequest be considered?","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":"138976438","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

Intangible Cultural Heritage Protection and Nigeria’s Heritage Legislation 非物质文化遗产保护与尼日利亚的遗产立法

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.032.18652

T. S. Nomishan, Abubakar Sule Sani

{"title":"Intangible Cultural Heritage Protection and Nigeria’s Heritage Legislation","authors":"T. S. Nomishan, Abubakar Sule Sani","doi":"10.4467/2450050xsnr.23.032.18652","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.032.18652","url":null,"abstract":"This article focuses on the legal and technical challenges of protecting intangible cultural heritage in Nigeria. Over time, Nigeria and its population have focused heavily on the petroleum industry as the primary source of the country’s economic sustainability, ignoring other viable economic sectors such as heritage preservation, protection, and management for sustainable tourism. This is because the country’s heritage legislation has been severely eroded and rendered ineffectual in protecting Nigeria’s heritage resources, in particular its intangible cultural heritage. Various stakeholders have expressed concern about the need to maintain and protect cultural assets all around the world. This has thus led to the promulgation of laws governing their protection. These regulations, however, did not begin in Nigeria until the colonial period, when the necessity to acquire and conserve heritage objects became recognized. Therefore, this article uses an exploratory research design with key informant interview methodologies as a data-gathering instrument. As a result, it demonstrates that numerous intangible cultural heritage resources in Nigeria are negatively impacted by political and societal instability, the increasing demand for antiquities and artworks, and socioeconomic challenges, amongst other human-induced factors. The existing heritage law in Nigeria, Decree No. 77 of 1979, is insufficient in terms of currency, enforcement, and efficiency, rendering its provisions ineffective.","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":"139006241","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

Illicit Trade in Cultural Objects under the Spanish Law: The Cabeza de mujer joven Case 西班牙法律规定的文物非法贸易：少女卡贝萨案

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.033.18653

Luis Javier Capote Pérez

{"title":"Illicit Trade in Cultural Objects under the Spanish Law: The Cabeza de mujer joven Case","authors":"Luis Javier Capote Pérez","doi":"10.4467/2450050xsnr.23.033.18653","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.033.18653","url":null,"abstract":"This article seeks to introduce a brief description of the rules of protection of cultural heritage goods in the Spanish Law, using the example of a mediatic case of illicit trade, where the regulations of civil law, criminal law, and administrative law were applied and where the freedoms inherent in the right of ownership collided with the rules on properties of cultural interest. First, it provides an overview of the Spanish cultural heritage law, beginning with the constitutional mandate of assuming and promoting the protection of Spanish cultural heritage, and thereafter focusing on the concept of private ownership and its limits, in accordance with the social function of all property rights under the 1978 Spanish Constitution. Second, it describes a well-known case of illicit trade, focused on a valuable painting by Pablo Picasso. The work Cabeza de mujer joven (Head of a young woman) belonged to a private owner who decided to sell it internationally, using the services of a well-known auction house. When the required permission for exportation was denied by the Spanish public administration, the owner commenced a court proceeding aimed at changing the decision, but also planned to send the painting abroad using a yacht on his property. Thirdly, the article’s conclusion reflects on the level of severity of the Spanish legislation as applied in the case, in the context of the balance between cultural heritage protection and the freedom of disposition inherent to the right of property ownership.","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":"139006643","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

State Aid to Promote Culture and Heritage Conservation: Museums and Other Cultural Institutions as Recipients of EU State Aid 促进文化和遗产保护的国家援助：博物馆和其他文化机构作为欧盟国家援助的接受者

Santander Art and Culture Law Review Pub Date : 2023-12-13 DOI: 10.4467/2450050xsnr.23.028.18648

Łukasz Stępkowski

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Problemy konstytucyjne diagnozowane na kanwie ustawy o ochronie zabytków i opiece nad zabytkami – uwagi w świetle spraw zawisłych przed Trybunałem Konstytucyjnym 在《历史遗迹保护和维护法》背景下发现的宪法问题--根据宪法法庭待审案件提出的意见

Santander Art and Culture Law Review Pub Date : 2023-09-27 DOI: 10.4467/2450050xsnr.23.007.18119

Katarzyna Miaskowska-Daszkiewicz

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Emergency Red List for Ukraine 乌克兰紧急红色名单

Santander Art and Culture Law Review Pub Date : 2023-09-27 DOI: 10.4467/2450050xsnr.23.009.18121

Anastasiia Cherednychenko

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Alicja Jagielska-Burduk talks with Patty Gerstenblith, professor of law at DePaul University and director of its Center for Art, Museum & Cultural Heritage Law Alicja Jagielska-Burduk采访了德保罗大学的法学教授兼艺术博物馆中心主任Patty Gerstenblith。文化遗产法

Santander Art and Culture Law Review Pub Date : 2023-09-27 DOI: 10.4467/2450050xsnr.23.001.18113

Alicja Jagielska-Burduk

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Kilka słów krytycznych przy okazji jubileuszu 50-lecia Konwencji UNESCO z 1972 roku 在教科文组织 1972 年《公约》五十周年之际说几句批评的话

Santander Art and Culture Law Review Pub Date : 2023-09-27 DOI: 10.4467/2450050xsnr.23.008.18120

Kamil Zeidler

{"title":"Kilka słów krytycznych przy okazji jubileuszu 50-lecia Konwencji UNESCO z 1972 roku","authors":"Kamil Zeidler","doi":"10.4467/2450050xsnr.23.008.18120","DOIUrl":"https://doi.org/10.4467/2450050xsnr.23.008.18120","url":null,"abstract":"2022 marked the 50th anniversary of the adoption of the 1972 UNESCO Convention on the Protection of the World Cultural and Natural Heritage. On the occasion of this anniversary, the article uncharacteristically contains criticism of both UNESCO itself and doubts about the 1972 Convention. However, all these remarks flow from concern for the fate and future of this international organisation, whose activities and achievements in the protection of the world cultural heritage ultimately deserve recognition. The problems do not merely arise within UNESCO, but rather with other members of the international community, particularly some states and their actions toward the organisation. Problems also arise from the implementation of and compliance with international law. The allegations against UNESCO are organised and discussed here according to three criteria: formalism, time and costs. On the other hand, the 1972 UNESCO Convention itself is presented from two perspectives – first, in the normative layer as an international legal act, which serves as a sui generis constitution of the world’s protection of cultural and natural heritage; and second, in the empirical layer. In the latter context, attention was paid to the role of the UNESCO World Heritage List. Regardless of the criticisms, as well as the weaknesses and problems highlighted, it is clear from the article that it emphasises the value of both the 1972 UNESCO Convention, one of whose main advantages is that it has resisted the passage of time, and the great role of UNESCO itself, as an important international organisation with considerable achievements and merits.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135586022","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