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Laws
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Law and Cultural Heritage
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Law and Cultural Heritage

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (28 February 2023) | Viewed by 15546

Special Issue Editors

Prof. Dr. Piotr Stec

E-Mail Website
Guest Editor
Institute of Law, University of Opole, Opole 45-060, Katowicka 87, Poland
Interests: cultural heritage law; art trade; cultural security; intellectual property law; comparative law; private international law; European law
Dr. Luis-Javier Capote-Pérez

E-Mail Website
Guest Editor
Department of Basic Legal Disciplines, University of La Laguna, 38200 Santa Cruz de Tenerife, Spain
Interests: cultural heritage law; intellectual property; property law

Special Issue Information

Dear Colleagues, 

Culture is included in the COVID-19 recovery plans. Cultural heritage not only reminds us of the past, but serves as a catalyst for sustainable development and peacebuilding. The idea of the Special Issue is to present different views and perspectives on the current challenges in the cultural heritage law.

Cultural heritage law is one of the emerging fields of academic legal research. What makes it unique is that it both challenges established legal concepts, such as the one of property and ownership, and is strongly connected with other disciplines (from art history through heritage studies to management, politics, and technology). The holistic approach to cultural heritage, involving tangible and intangible elements with visible natural components, affects the methodology of research, not only in cultural heritage studies but also in legal studies.

Cultural heritage constitutes a non-renewable resource. It is also perceived as a catalyst for the development. Therefore, it is necessary to consider all functions of cultural heritage while working on new legal regulations and new policy models. The problem of cultural rights together with the role of communities cannot be ignored as well. The general aim is to search for the balance between old and new, between access to cultural heritage and its protection and decision to what extent the resources will be transferred to future generations.  However, given the diverse legal traditions, it has to always be tailored and take all the specificities into account.

In recent years, we have witnessed a discussion on heritage as the fourth estate, art frauds, the return of cultural assets to former colonies, and the restitution of the spoils of war. New problems emerge within the development of art market and new technologies: use and abuse of art as an alternative investment, new artistic and commercial concepts (such as the NFT) (non-fungible tokens), or the use of blockchain technology to create electronic “passports” for cultural goods containing their provenance history.

The purpose of this Special Issue is to bring together academic lawyers and scholars representing non-classical approaches to law who share the common interest in cultural property. We are open to authors representing various methodological approaches, from conventional black-letter analysis to critical legal studies and computational jurisprudence. We would also welcome authors presenting different national and regional perspectives.

Prof. Dr. Piotr Stec
Dr. Luis-Javier Capote-Pérez
Guest Editors

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access semimonthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 1400 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • cultural heritage
  • cultural goods
  • art law

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Published Papers (3 papers)

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Research

19 pages, 371 KiB  
Article
From Fashion Brand to Artwork: Divergent Thinking, Copyright Law, and Branding
by Marlena Jankowska and Berenika Sorokowska
Laws 2023, 12(3), 46; https://doi.org/10.3390/laws12030046 - 19 May 2023
Cited by 1 | Viewed by 4470
Abstract
The purpose of this study is to explore the interaction between copyright, branding, marketing, and heritage protection with regard to a fashion brand. The authors use analytical-critical and legal-dogmatic methods, supplemented with desk research, a case study approach, and a review of the [...] Read more.
The purpose of this study is to explore the interaction between copyright, branding, marketing, and heritage protection with regard to a fashion brand. The authors use analytical-critical and legal-dogmatic methods, supplemented with desk research, a case study approach, and a review of the marketing literature. This paper argues that the top-tier fashion brands use the concept of artification in order to build their brands, mesmerize clientele, and increase revenues. Although design and reference to the arts play a major role in the luxurious and premium end of the fashion business, this analysis proves that the top players do not necessarily observe the appropriate laws in these areas. The reader will see examples of the flouting of basic legal constraints by big players, e.g., copyrights or property rights, including the monetisation of the creativity of others with the expectation of no legal challenge. Offenders capitalise on the likelihood that a legal suit is too demanding for smaller players, such as foundations or museums. Full article
(This article belongs to the Special Issue Law and Cultural Heritage)
27 pages, 387 KiB  
Article
Cathedral of Sts. Vitus, Wenceslas, and Adalbert—The Melting Pot of Czech Religious, National, and State Identity and Its Legal Status
by Ondřej Frinta and Dita Frintová
Laws 2023, 12(2), 25; https://doi.org/10.3390/laws12020025 - 7 Mar 2023
Viewed by 2131
Abstract
The article first focuses on the significance of the Cathedral of Sts. Vitus, Wenceslas, and Adalbert to the Czech religious, national, and state identity. The importance of the cathedral is given primarily by its location (Prague Castle), as well as by the thinking [...] Read more.
The article first focuses on the significance of the Cathedral of Sts. Vitus, Wenceslas, and Adalbert to the Czech religious, national, and state identity. The importance of the cathedral is given primarily by its location (Prague Castle), as well as by the thinking of its founder, Charles IV, about the foundations of Czech statehood. On the basis of these findings, the significance and symbolism of the cathedral for the present can be understood. Following this, the legal status of the cathedral, which was the subject of the so-called “cathedral dispute” in its modern history, is examined. The current legal status of the cathedral is the result of an amicable solution to this dispute and the subsequent application of the right of superficies in Czech private law. Full article
(This article belongs to the Special Issue Law and Cultural Heritage)
29 pages, 451 KiB  
Article
Transnational Religious Practices as a UNESCO Intangible Cultural Heritage: The Complex Case of the Traditional Latin Mass
by Peter Kwasniewski, Izabella Parowicz, Joseph Shaw and Piotr Stec
Laws 2023, 12(2), 23; https://doi.org/10.3390/laws12020023 - 2 Mar 2023
Cited by 4 | Viewed by 6856
Abstract
The 2003 UNESCO Convention definition of intangible cultural heritage (ICH) covers religious practices and rites, as can be seen from normative descriptions and dozens of actual examples, many of which are Catholic religious traditions. The Traditional Latin Mass (TLM), practiced in one form [...] Read more.
The 2003 UNESCO Convention definition of intangible cultural heritage (ICH) covers religious practices and rites, as can be seen from normative descriptions and dozens of actual examples, many of which are Catholic religious traditions. The Traditional Latin Mass (TLM), practiced in one form or another for over 1500 years by an ever-increasing number of peoples and nations and in possession of a common stable set of rules, meets the UNESCO criteria for listing as ICH; in fact, it is arguably the best possible example. It is also a complicated one. After the Catholic Church’s liturgical reform in the 1960s and 1970s, new rites were introduced and the old rites were officially abandoned; nevertheless, a minority of clergy and laity continued to celebrate the TLM, and, over time, the legitimacy of their attachment to it was recognised by several popes, who also spoke regularly of the great value of the Church’s cultural and artistic patrimony and recommended that it remained joined with its religious origins. In contrast, the current pope, Francis, has recently become opposed to the continuation of the old rites. Be this as it may, it is quite possible that such a threatened but deeply appreciated international ICH as the TLM could be proposed for listing by several states that (unlike the Holy See) have signed the Convention for the Safeguarding of the Intangible Cultural Heritage, to give it a recognition appropriate to its immense historical and present-day cultural value. Full article
(This article belongs to the Special Issue Law and Cultural Heritage)
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