Art Collections, Private and Public: A Comparative Legal by Elina Moustaira

By Elina Moustaira

This booklet is a comparative criminal examine of the non-public and public artwork collections in quite a few states of the realm, protecting an important matters that typically come up and targeting the diversities and the similarities of the nationwide legislation within the remedy of these issues.

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In: Knell SJ, Aronsson P, Amundsen AB, Barnes AJ, Burch S, Carter J, Gosselin V, Hughes SA, Kirwan A (eds) National museums: new studies from around the world. Routledge, London, pp 29–54 Aronsson P, Elgenius G (2011) Making national museums in Europe—a comparative approach. In: Aronsson P, Elgenius G (eds) Building national museums in Europe 1750-2010, conference proceedings from EuNaMus, European national museums: identity politics, the uses of the past and the European citizen. Linköping University, Bologna, 28–30 April 2011, pp 5–20.

Rector 2010, p. 598. Wu 2009, p. 151. Price 1968, pp. 1334–1335. Kumar 2014, p. 444. 3 Droit de Suite—Resale Royalty—Resale Right 31 royalty right for artists was adopted in 1920. It granted French visual artists a 3 % royalty upon resale of their works. More countries followed, mainly European but not only—for example, Brazil, Chile, Costa Rica, Ivory Coast. In Spanish law, the “Derecho de participación” was first regulated by Article 24 of the Real Decreto Legislativo 1/1996. 63 Unfortunately, it was never applied because of the complexity of the procedure of the sales’ regulation and the absence of real powers of control, of inspection of its application.

7 And of course this is true, since the museums and, accordingly, the expositions at first were invented for objects of occidental cultures. Afterwards, and especially during the 19th century, when colonial and military expeditions were at their peak and archaeological excavations were multiplied, museums started (or continued) collecting non-Western artifacts. 8 Later, things changed slightly and the museums, as institutions of “Western invention”,9 were exported to or implanted in other places, other countries, former colonies of occidental countries.

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