K2SP 3270 - Art, culture and heritage: comparative analysis of the legal protections offered

This course focuses on 3 key cultural topics:

I - Intellectual property rights: We will study the protection of the artist and his creation and compare the American system with the European one. We will look as well at the specific questions of street art, digital art and art resale rights. In addition, we will compare the American trademark regulation with the European system.

II – The protection of Cultural Heritage: We are going to study how tangible and intangible heritage is protected at the national and at the international level, in time of peace and in time of war. A specific focus will be placed on several UNESCO conventions.

III – Museums and ownership: This part analyses the legal definition of a museum, the concept of universal museum, the question of restitution and the regulation of exportation of works of art as well as the tools to prevent disputes regarding ownership of works of art such as the Immunity from Seizure, the process of deaccession or the use of databases on stolen art…

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The lectures will be a mixt of live and recorded sessions.

Two exercises will be required:

• A Group work presenting a copyrights and/or trademark case (with a PowerPoint presentation and a written note) (40% of the final grade) -
• A brainstorming exercise in class on the question of restitution of works of art (Each student will have to prepare their arguments in advance and provide a summary note) (40% of the final grade)
• Engagement grade: contribution to the class 20%

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