Pub Date : 2021-01-01DOI: 10.4467/2450050xsnr.21.009.14598
W. Kowalski
Cities and their symbols. Legal conditions for marketing use of the appearance of famous monuments The subject of this article is the legal ramifications of the commercial use of well-known landmarks by the cities where they are located. In fact, cities have played such a role and benefited commercially for many years, e.g. the Eiffel Tower in Paris or Tower Castle in London. Such a practice appears obvious but should be based on the local legal provisions in force and resulting limitations. After a detailed analysis of the law of property and copyright, the author argues that the owner of the landmark has not only an exclusive right to make physical use of it, but also the right to dispose of its image. In particular, these rights include the commercial use of this image in both possible forms, whether looking at the monument directly or enjoying it by looking at its photographs. Taking into account this legal position, a city can freely use its marketing images of its own landmarks, but in the case of third party owned monument, it will be necessary to sign a special agreement setting out the conditions of such use. Independently of property rights, a city will be obliged to also accept the rights of authors of projects referred to as “new monuments” as well as the rights of the authors of projects involving conservation, restauration, adaptation and modernization works. These rights include economic rights and authorship of the given works (moral rights). In case of reconstr
{"title":"Miasta i ich symbole. Uwarunkowania prawne marketingowego wykorzystywania wyglądu znanych zabytków","authors":"W. Kowalski","doi":"10.4467/2450050xsnr.21.009.14598","DOIUrl":"https://doi.org/10.4467/2450050xsnr.21.009.14598","url":null,"abstract":"Cities and their symbols. Legal conditions for marketing use of the appearance of famous monuments The subject of this article is the legal ramifications of the commercial use of well-known landmarks by the cities where they are located. In fact, cities have played such a role and benefited commercially for many years, e.g. the Eiffel Tower in Paris or Tower Castle in London. Such a practice appears obvious but should be based on the local legal provisions in force and resulting limitations. After a detailed analysis of the law of property and copyright, the author argues that the owner of the landmark has not only an exclusive right to make physical use of it, but also the right to dispose of its image. In particular, these rights include the commercial use of this image in both possible forms, whether looking at the monument directly or enjoying it by looking at its photographs. Taking into account this legal position, a city can freely use its marketing images of its own landmarks, but in the case of third party owned monument, it will be necessary to sign a special agreement setting out the conditions of such use. Independently of property rights, a city will be obliged to also accept the rights of authors of projects referred to as “new monuments” as well as the rights of the authors of projects involving conservation, restauration, adaptation and modernization works. These rights include economic rights and authorship of the given works (moral rights). In case of reconstr","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70995739","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}
Pub Date : 2021-01-01DOI: 10.4467/2450050xsnr.21.008.14597
K. Zalasińska
Ownership of finds – selected issues related to the civil law situation of a monument finder The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.
{"title":"Własność znalezisk – wybrane zagadnienia związane z cywilnoprawną sytuacją poszukiwacza zabytków","authors":"K. Zalasińska","doi":"10.4467/2450050xsnr.21.008.14597","DOIUrl":"https://doi.org/10.4467/2450050xsnr.21.008.14597","url":null,"abstract":"Ownership of finds – selected issues related to the civil law situation of a monument finder The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70995664","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}
Pub Date : 2021-01-01DOI: 10.4467/2450050xsnr.21.007.14596
Miłosz Kościelniak-Marszał
Polish hunting culture as intangible cultural heritage Towards the end of the Middle Ages, hunting based on the knightly ethos became an important part of court culture and, in the following centuries, became an integral part of life for the Polish landed gentry. Despite foreign (particularly German) influence, it retained its distinctive and national character, and was one of the factors that helped shape national identity during the Partitions and the Second Polish Republic. Attempts to eradicate its legacy were made during the Communist era, yet the hunting culture survived and was successfully reconstructed in the 1990s, becoming a source of shared identity for over 120 thousand hunters and their families. Polish hunting culture combines principles of ethical behaviour towards nature, especially towards humans and animals, with a unique language and extensive socio-cultural practices, including both religious and secular customs, rituals and ceremonies. Its manifestations can be found in literature and the arts, especially visual arts and theatre. It also appears in music, performed both during hunting expeditions and on special occasions. Linked to the Polish hunting culture is a distinctive cuisine, which follows with the cycle of nature and is based on venison and fruits from the forest. Last but not least, it also includes breeding and raising hunting dogs (especially typically Polish hunting breeds) and birds of prey. Polish hunters, aware of the values inherent in the hunting culture, actively follow historical traditions. It contributes to the preservation of this unique community culture, rooted in the country’s history and thus constitutes intangible heritage.
{"title":"Polska kultura łowiecka jako niematerialne dziedzictwo kulturowe","authors":"Miłosz Kościelniak-Marszał","doi":"10.4467/2450050xsnr.21.007.14596","DOIUrl":"https://doi.org/10.4467/2450050xsnr.21.007.14596","url":null,"abstract":"Polish hunting culture as intangible cultural heritage Towards the end of the Middle Ages, hunting based on the knightly ethos became an important part of court culture and, in the following centuries, became an integral part of life for the Polish landed gentry. Despite foreign (particularly German) influence, it retained its distinctive and national character, and was one of the factors that helped shape national identity during the Partitions and the Second Polish Republic. Attempts to eradicate its legacy were made during the Communist era, yet the hunting culture survived and was successfully reconstructed in the 1990s, becoming a source of shared identity for over 120 thousand hunters and their families. Polish hunting culture combines principles of ethical behaviour towards nature, especially towards humans and animals, with a unique language and extensive socio-cultural practices, including both religious and secular customs, rituals and ceremonies. Its manifestations can be found in literature and the arts, especially visual arts and theatre. It also appears in music, performed both during hunting expeditions and on special occasions. Linked to the Polish hunting culture is a distinctive cuisine, which follows with the cycle of nature and is based on venison and fruits from the forest. Last but not least, it also includes breeding and raising hunting dogs (especially typically Polish hunting breeds) and birds of prey. Polish hunters, aware of the values inherent in the hunting culture, actively follow historical traditions. It contributes to the preservation of this unique community culture, rooted in the country’s history and thus constitutes intangible heritage.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70995612","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}
Pub Date : 2021-01-01DOI: 10.4467/2450050xsnr.21.012.14601
Żaneta wardzińska-Chowaniec
{"title":"VII Ogólnopolskie Seminarium Prawa Ochrony Zabytków dla młodych naukowców, doktorantów i studentów im. Profesora Jana Pruszyńskiego w Lubostroniu, 17-19 września 2020 roku","authors":"Żaneta wardzińska-Chowaniec","doi":"10.4467/2450050xsnr.21.012.14601","DOIUrl":"https://doi.org/10.4467/2450050xsnr.21.012.14601","url":null,"abstract":"","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70995785","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}
Pub Date : 2020-12-01DOI: 10.4467/2450050XSNR.20.017.13020
E. Manikowska
In this article I discuss both the recent threats as well as opportunities posed by social media to the activities of museums, taking into account social media’s importance as an evolving space of both social outreach and social activism. Recalling the controversies around the U.S. and UK museums’ social media responses to George Floyd’s death, I argue that museums run the risk of politicization and entanglement in controversial issues which are not necessarily linked to their profile and mission. I analyse museums’ social media guidelines, good practices, and mission statements, and posit that they play a fundamental role in integrating the new realm of the Web 2.0 into traditional museum activities. My main case study and example of good practice is the Auschwitz-Birkenau Memorial and Museum. It has constantly embedded general ethical and educational principles and guidelines of Holocaust commemoration and education into its more than 60-years’ experience in dealing with and taming political and cultural controversies surrounding this memory site of universal importance, and this embeddedness lies at the core of its social media activity. Defined as an “online community of remembrance”, it consists of well-thought-out initiatives which aim at informing the public about the everyday history of the camp, involving itself in the current commemorations and anniversaries, and rectifying simplifications and misinformation about Auschwitz and the Holocaust. I also analyse the fundamental role played by the official social media profiles in managing the crisis which arose at the beginning of 2018 with the amendment of the socalled “Holocaust Law” in Poland.
{"title":"Museums and the Traps of Social Media: The Case of the Auschwitz-Birkenau Memorial and Museum","authors":"E. Manikowska","doi":"10.4467/2450050XSNR.20.017.13020","DOIUrl":"https://doi.org/10.4467/2450050XSNR.20.017.13020","url":null,"abstract":"In this article I discuss both the recent threats as well as opportunities posed by social media to the activities of museums, taking into account social media’s importance as an evolving space of both social outreach and social activism. Recalling the controversies around the U.S. and UK museums’ social media responses to George Floyd’s death, I argue that museums run the risk of politicization and entanglement in controversial issues which are not necessarily linked to their profile and mission. I analyse museums’ social media guidelines, good practices, and mission statements, and posit that they play a fundamental role in integrating the new realm of the Web 2.0 into traditional museum activities. My main case study and example of good practice is the Auschwitz-Birkenau Memorial and Museum. It has constantly embedded general ethical and educational principles and guidelines of Holocaust commemoration and education into its more than 60-years’ experience in dealing with and taming political and cultural controversies surrounding this memory site of universal importance, and this embeddedness lies at the core of its social media activity. Defined as an “online community of remembrance”, it consists of well-thought-out initiatives which aim at informing the public about the everyday history of the camp, involving itself in the current commemorations and anniversaries, and rectifying simplifications and misinformation about Auschwitz and the Holocaust. I also analyse the fundamental role played by the official social media profiles in managing the crisis which arose at the beginning of 2018 with the amendment of the socalled “Holocaust Law” in Poland.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45974755","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}
Pub Date : 2020-12-01DOI: 10.4467/2450050XSNR.20.022.13025
S. Vigneron
This article analyses three cases of repatriation of human remains by French public museums in order to critically examine the difficulties in the changing institutional practice. It critically ssesses the statutory and administrative processes that have been used to repatriate human remains and identifies the difficulties that have been and are mostly still encountered. Firstly, it evaluates the public/private conundrum of ownership of human remains in French law, which explains why Parliament had to intervene to facilitate the repatriation of remains in public museum collections, whereas a private society could repatriate the skulls of chief Ataï and his doctor to New Caledonia without legal difficulties. Secondly, it reviews the need for parliamentary intervention for the repatriation of the remains of Saartjie Baartman to South Africa and several Mokomokai to New Zealand. Finally, it criticizes the administrative deadlock that has prevented the development of a repatriation practice that could have b en established after the successful repatriation of the remains of Vamaica Peru to Uruguay. Unfortunately, the process has remained opaque and ineffective, owing to a variety of factors; in particular the ambiguity regarding the role of the Commission scientifique nationale des collections, which is set to be abolished and whose role will be undertaken by the Haut conseil des Musées de France, and a lack of political, financial, and structural support from the Ministry of Culture. Until these shortcomings are addressed and clear criteria for repatriation are drawn up, it is unlikely that France will develop a coherent, transparent, and effective process for the repatriation of human remains.
{"title":"The Repatriation of Human Remains in France: 20 Years of (Mal)practice","authors":"S. Vigneron","doi":"10.4467/2450050XSNR.20.022.13025","DOIUrl":"https://doi.org/10.4467/2450050XSNR.20.022.13025","url":null,"abstract":"This article analyses three cases of repatriation of human remains by French public museums in order to critically examine the difficulties in the changing institutional practice. It critically ssesses the statutory and administrative processes that have been used to repatriate human remains and identifies the difficulties that have been and are mostly still encountered. Firstly, it evaluates the public/private conundrum of ownership of human remains in French law, which explains why Parliament had to intervene to facilitate the repatriation of remains in public museum collections, whereas a private society could repatriate the skulls of chief Ataï and his doctor to New Caledonia without legal difficulties. Secondly, it reviews the need for parliamentary intervention for the repatriation of the remains of Saartjie Baartman to South Africa and several Mokomokai to New Zealand. Finally, it criticizes the administrative deadlock that has prevented the development of a repatriation practice that could have b en established after the successful repatriation of the remains of Vamaica Peru to Uruguay. Unfortunately, the process has remained opaque and ineffective, owing to a variety of factors; in particular the ambiguity regarding the role of the Commission scientifique nationale des collections, which is set to be abolished and whose role will be undertaken by the Haut conseil des Musées de France, and a lack of political, financial, and structural support from the Ministry of Culture. Until these shortcomings are addressed and clear criteria for repatriation are drawn up, it is unlikely that France will develop a coherent, transparent, and effective process for the repatriation of human remains.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42266643","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}
Pub Date : 2020-12-01DOI: 10.4467/2450050XSNR.20.023.13026
Zhao Zhiyong
For a long time, the concept of the human body has been governed by civil law. Today, this way of treating it is no longer certain. The human body can also be understood as an integral part of cultural heritage. On one hand, this is a question of the holder of the element of the intangible cultural heritage (ICH). On the other hand, it concerns the human body beyond the living person, protected as tangible heritage or cultural property. This article analyses these diverse dimensions of the human body under Chinese legislation on the protection of cultural relics and for the safeguarding of intangible cultural heritage, taking into consideration the respect for human dignity. In this regard, it offers a cross-cutting overview of the ethical and legal challenges surrounding the management and regulation of human remains.
{"title":"The Human Body in the Regime of Chinese Cultural Heritage Law","authors":"Zhao Zhiyong","doi":"10.4467/2450050XSNR.20.023.13026","DOIUrl":"https://doi.org/10.4467/2450050XSNR.20.023.13026","url":null,"abstract":"For a long time, the concept of the human body has been governed by civil law. Today, this way of treating it is no longer certain. The human body can also be understood as an integral part of cultural heritage. On one hand, this is a question of the holder of the element of the intangible cultural heritage (ICH). On the other hand, it concerns the human body beyond the living person, protected as tangible heritage or cultural property. This article analyses these diverse dimensions of the human body under Chinese legislation on the protection of cultural relics and for the safeguarding of intangible cultural heritage, taking into consideration the respect for human dignity. In this regard, it offers a cross-cutting overview of the ethical and legal challenges surrounding the management and regulation of human remains.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49247290","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}
Pub Date : 2020-12-01DOI: 10.4467/2450050XSNR.20.011.13014
Lucas Lixinski
This article argues that digital and post-colonial engagements with heritage can be reconciled only if they happen in the terms set by the once-colonized community, and for their benefit. Further, the law can play a significant role in embedding certain ethical commitments, provided it can steer away from legal categories such as authenticity and access; categories which, despite their neutral or even cosmopolitan aspirations, function as reinforcers of a status quo that privileges colonial possession of heritage. In order to pursue this thesis, the article focuses on the ways in which the digitization of heritage was suggested – in the context of the Sarr-Savoy Report about the return of objects from French museums to certain African countries – to constitute a precondition for the return of cultural objects taken during colonialism. Drawing on that report, as well as on the responses to it, the article queries whether and how digitization can work to redress (or unfortunately, in some cases reinforce) the harms of colonialism.
{"title":"Digital Heritage Surrogates, Decolonization, and International Law: Restitution, Control, and the Creation of Value as Reparations and Emancipation","authors":"Lucas Lixinski","doi":"10.4467/2450050XSNR.20.011.13014","DOIUrl":"https://doi.org/10.4467/2450050XSNR.20.011.13014","url":null,"abstract":"This article argues that digital and post-colonial engagements with heritage can be reconciled only if they happen in the terms set by the once-colonized community, and for their benefit. Further, the law can play a significant role in embedding certain ethical commitments, provided it can steer away from legal categories such as authenticity and access; categories which, despite their neutral or even cosmopolitan aspirations, function as reinforcers of a status quo that privileges colonial possession of heritage. In order to pursue this thesis, the article focuses on the ways in which the digitization of heritage was suggested – in the context of the Sarr-Savoy Report about the return of objects from French museums to certain African countries – to constitute a precondition for the return of cultural objects taken during colonialism. Drawing on that report, as well as on the responses to it, the article queries whether and how digitization can work to redress (or unfortunately, in some cases reinforce) the harms of colonialism.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47952333","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}
Pub Date : 2020-12-01DOI: 10.4467/2450050XSNR.20.014.13017
Alicja Jagielska-Burduk, A. Jakubowski
Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.
{"title":"“Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law","authors":"Alicja Jagielska-Burduk, A. Jakubowski","doi":"10.4467/2450050XSNR.20.014.13017","DOIUrl":"https://doi.org/10.4467/2450050XSNR.20.014.13017","url":null,"abstract":"Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45692419","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}
Pub Date : 2020-12-01DOI: 10.4467/2450050XSNR.20.024.13027
Pierre Collot
Despite the incremental development of the heritage dimension of local urban planning plans, as well as an ever-more substantial relationship between immovable cultural heritage law and urban planning law, these two elements remain susceptible to raising confusion, occasionally contradicting one another frontally. The French Act of 7 July 2016 on Freedom of Creation, Architecture, and Heritage had the initial ambition of harmonizing and simplifying the mechanisms for the protection and enhancement of immovable cultural heritage, including under urban planning law. Yet the Act of 23 November 2018 on Housing Development, Urban Planning, and Digital Technology has further contributed to weakening the heritage protection mechanisms and bestowed a priority on the construction of new buildings over the conservation and enhancement of old neighbourhoods and buildings.
{"title":"The Enhancement of Immovable Cultural Heritage by Urban Planning Law: The French Experience","authors":"Pierre Collot","doi":"10.4467/2450050XSNR.20.024.13027","DOIUrl":"https://doi.org/10.4467/2450050XSNR.20.024.13027","url":null,"abstract":"Despite the incremental development of the heritage dimension of local urban planning plans, as well as an ever-more substantial relationship between immovable cultural heritage law and urban planning law, these two elements remain susceptible to raising confusion, occasionally contradicting one another frontally. The French Act of 7 July 2016 on Freedom of Creation, Architecture, and Heritage had the initial ambition of harmonizing and simplifying the mechanisms for the protection and enhancement of immovable cultural heritage, including under urban planning law. Yet the Act of 23 November 2018 on Housing Development, Urban Planning, and Digital Technology has further contributed to weakening the heritage protection mechanisms and bestowed a priority on the construction of new buildings over the conservation and enhancement of old neighbourhoods and buildings.","PeriodicalId":36554,"journal":{"name":"Santander Art and Culture Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49668861","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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