ⓘ Art and culture law ..

Art and culture law

Art and culture law is the body of law, including domestic and foreign law, and multilateral treaties and conventions, that regulates and is applied to artists, fine art and cultural property.

Amar Nath Sehgal v. Union of India

Amar Nath Sehgal v. Union of India is a landmark Indian case decided by the Delhi High Court, which for the first time upheld the moral right of an author under the Indian Copyright Act and awarded damages. The government was also asked to return his mural.

Artists Authorship Rights Act (New York)

The Artists Authorship Rights Act is a 1984 New York law that provides legal protection for artists moral rights. The law was in part a reaction to Californias passage of the California Art Preservation Act, however the New York Act provided for artists the right to disavow works that were altered against their wishes. The Act was preempted by the similar federal Visual Artists Rights Act of 1990 VARA, as held in Board of Managers of Soho Intl Arts Condominium v. City of New York S.D.N.Y. 2003.

California Resale Royalty Act

The California Resale Royalty Act entitles artists to a royalty payment upon the resale of their works of art under certain circumstances.

Carter v. Helmsley-Spear Inc.

This an early case of authors attempting to exercise their moral rights under the Visual Artists Rights Act VARA. VARA was passed in 1990 and added several moral rights for artists in the U.S., including the right of authors to prevent mutilation of their works.

Cultural property law

Cultural property law is the body of law that protects and regulates the disposition of culturally significant material, including historic real property, ancient and historic artifacts, artwork, and intangible cultural property. Cultural property can be any property, tangible or intangible, having special significance to a defined group of people, whether or not the group is vested with a traditional property interest. Cultural property laws may be international or domestic.