Kultur Kunst Recht: Schweizerisches und Internationales Recht.

AuthorBauer, Adrienne

Kultur Kunst Recht: Schweizerisches und Internationales Recht

eds Marc-Andre Renold, Peter Mosimann and Andrea Rascher

Helbing Lichtenhahn Verlag (Switzerland), Oct. 2020, ISBN 978-3-7190-3890-8, 1,669 pp.

This second edition of Kultur Kunst Recht [Culture Art Law] is edited by three experts in the field of art law who each have an extraordinary depth of experience: Prof. Dr. iur Marc-Andre Renold, (1) Dr. iur Peter Mosimann (2) and Dr iur Andrea F.G. Rascher, (3) with contributions from a wide range of lawyers, legal scholars and experts.

This is a comprehensive reference work, providing a thorough introduction to the major issues of art law. Like the first, this new edition also represents the outstanding standard work in this legal field. As will be shown below, this book is not aimed exclusively at the Swiss readership, but is also highly relevant internationally.

Kultur Kunst Recht covers all relevant current legal issues in the fields of culture and the arts in a comprehensive and well-founded manner. It is not limited to the Swiss legal system, but also delves into international issues. Compared to the first edition, the second has been extensively revised, and its content expanded. Starting with the subject of art and culture as a matter of law, with special emphasis on Appropriation Art, and the question of originality and copying, the first chapter concludes with an analysis of blockchain technology and its use in the art world.

Further on, the authors grapple with the fundamental legal anchoring of art by explaining the foundations of artistic freedom as well as its legal limits. The relationship between artistic freedom and other fundamental rights at national level is also discussed. By using the example of the 2005 UNESCO Convention for the protection and promotion of the Diversity of Cultural Expressions and the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, the authors analyse the topic of national cultural policy and its intersection with international law.

A separate chapter is devoted to cultural promotion and relevant funding opportunities, both at cantonal and federal level, with an excursus on the currently particularly relevant COVID regulation on culture. It also explains the concepts of protection of historical buildings and monuments and, in particular, deals with the legal protection of cultural assets in armed conflicts. Alessandro Chechi, senior researcher, and Marc-Andre Renold...

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