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Art Law and Cultural Property

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Cultural Property

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Cultural property refers to objects, sites, or expressions that hold significance to the heritage of a culture, often protected by legal frameworks to preserve a community's historical and cultural wealth.

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The Berne Convention

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An international agreement governing copyright protection, which ensures that works are protected in all signing countries, providing a means for artists to control and profit from their creations internationally.

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Moral Rights

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A section of copyright laws that protect the personal and reputational, as opposed to purely monetary, interests of an artist; includes the right to attribution and integrity of the work.

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Visual Artists Rights Act of 1990 (VARA)

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A United States law granting certain protections to visual artists, including the rights of attribution and integrity, somewhat similar to the concept of moral rights in European copyright law.

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Repatrimonialization

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The process of returning cultural property or artwork to its place of origin or to a community with historical or cultural links to it, often after having been removed during colonial periods or illicitly traded.

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Droit de Suite

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A legal provision that entitles artists or their heirs to a fee on the resale of their artworks, which is more common in European countries than in the United States.

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Elgin Marbles Dispute

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A long-standing controversy over the ownership of classical Greek marble sculptures removed by Lord Elgin in the early 19th century from the Parthenon and other buildings on the Acropolis of Athens, now housed in the British Museum.

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Provenance

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The history of ownership of an artwork or cultural artifact, which can be crucial in establishing legal title, authenticity, and proper valuation; important for addressing issues of looted or stolen art.

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UNESCO Convention of 1970

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An international treaty designed to prevent the illicit trade in cultural property and to ensure its restitution to rightful owners, often corresponding with efforts to halt the looting and illegal export of art and antiquities.

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Resale Royalty

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A legal right entitling an artist to a percentage of the sale price when their artwork is resold; similar to the concept of 'Droit de Suite' and is a topic of debate regarding artists' rights.

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NAGPRA (Native American Graves Protection and Repatriation Act)

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A United States federal law passed in 1990 that provides a process for museums and federal agencies to return certain cultural items—human remains, funerary objects, sacred objects—to affiliated indigenous groups.

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Copyright Act of 1976

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The primary basis of copyright law in the U.S., establishing a range of rights afforded to authors of "original works of authorship," including protections for both published and unpublished works.

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Fair Use

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A legal doctrine that allows limited use of copyrighted material without requiring permission from the rights holders, typically for purposes such as criticism, news reporting, teaching, or research.

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Cultural Repatriation

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The return of cultural heritage, including human remains and cultural objects, to their country or people of origin, especially significant for items taken during historical conflicts or colonial occupation.

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Orphan Works

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Works whose copyright owners are unknown or cannot be found, presenting challenges for use and clearance of rights, particularly problematic in the digital age, and subject to different regulations in various jurisdictions.

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First Sale Doctrine

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A legal principle that allows the purchaser of a copyrighted work to resell that particular copy without further permissions; however, it does not allow for duplication.

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Artist's Resale Right Directive (EU)

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A European Union directive that ensures artists receive a fee when their original artwork is resold; the implementation of 'Droit de Suite' at an EU level.

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Artist-Museum Partnership Act

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A proposed U.S. legislation intended to allow artists to deduct the fair market value of their work when donated to museums, rather than just the cost of materials, incentivizing donations from living artists.

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Artistic Authenticity

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Concerns related to the verification of an artwork as created by a specific artist, crucial in the art market, and involves expertise, provenance, and sometimes scientific testing.

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The Rome Statute of the International Criminal Court

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An international treaty that established the International Criminal Court (ICC), includes provisions against international crimes, and criminalizes the intentional destruction of cultural heritage during armed conflict.

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