Art Law

Art, by its very nature, implies freedom of creative expression and as such is difficult to combine with any type of organization, institutional or legislative. However, although art is indeed free in many aspects, the limitations of the legal and social order still exist, and artists, that is, other participants in the legal circulation of works of art, as well as subjective copyrights, in their actions are obliged to move within the limits that are legally set for us. they set.

Often, the very creation, recognition and existence of a work of art cannot be attributed to any rationally explainable reason, so it seems that the work appears by chance, solely as a result of the spontaneity and imagination of the creator, without connection with other factors, and is recognized and valued also according to the parameters that cannot be exactly displayed and deciphered. But if we take a deeper look at that question, we can easily conclude that just as many things happen within certain social frameworks and established rules of behavior, legal or market, so in art there is a need to find or prescribe the social laws by which it functions.

We can say that a whole series of regulations, from different branches of law, are applied to artistic activity, i.e. works of art and the rights to them in legal transactions. The primary area is intellectual property, i.e. copyright, because the regulations that regulate this legal discipline apply to many rights of artists, i.e. copyright holders, and the concept of a work of art is closely related to the concept of an author’s work. However, we should not forget the obligation relationships that appear in the most diverse forms in the legal transaction of certain powers or the works of art themselves, and the regulation of the rights and obligations of the participants. In addition to the legal aspect of obligations, works of art must also be approached from the point of view of real law, because works of art, due to their form, in most cases fall under movable property. In organized and developed legal systems, it is inevitable to approach the right of art from the tax-legal aspect, and often the protection of the rights of authors, i.e. artists or other holders of rights, is additionally ensured through criminal-legal protection. The fact that art knows no borders, and it is impossible to fully control the circulation of works of art and the rights to them, is a big challenge for this legal regulation and brings the need for cross-border cooperation of competent institutions. From the previous practice, interested parties could only find issues arising from the relationship between art and law by interpreting different regulations or dealing with different legal fields.