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1/2020 (6)

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Publication date: 09.2020

Licence: CC BY-NC-ND  licence icon

Editorial team

Issue Editor dr Alicja Jagielska-Burduk

Editor-in-Chief Orcid Alicja Jagielska-Burduk, Anna Koziczak

Issue content

Agata Lizak

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 45-60

https://doi.org/10.4467/2450050XSNR.20.002.12386

As regards the Act of 23rd July 2003 on the Protection of Monuments and the Guardianship of Monuments, there are no regulations directly addressing the problem of display of movable monuments. Yet, similarly to immovable monuments’ surroundings (which are legally protected under certain conditions), movable heritage surroundings may also exert an influence on objects’ historic, artistic or scientific value. This article examines four main aspects of the aforementioned problem, including a discussion on how and in which cases the protection of immovable monuments may automatically ensure the protection of movable property’s surroundings. Moreover, this analysis concerns the scope of the legal restriction of permanent relocation of movable monuments, violating traditional notions of interior design. Next, attention is given to the specific protection of monument surroun letter analysis of current legal provisions, the analysis comprises elements of the historic evolution of regulation in this context. Furthermore, an attempt to formulate postulates de lege ferenda has been made.

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Marek Mrówczyński

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 61-82

https://doi.org/10.4467/2450050XSNR.20.003.12387

This article analyses specific regulations regarding the administrative execution against movables possessing historical, scientific or artistic value and judicial execution against movables possessing historical or artistic value. Such considerations are even more necessary taking into account the recent changes made to regulations regarding administrative execution, which came into force in 2020. The expressions “movables having a historical, scientific or artistic value” and “movables having a historical or artistic value” are not identical to that of monuments, which have their own legal definition in Polish law. However, the phrases imply the presence of a monument. The distinctive features of these regulations regarding the assessment, transfer and sale of the objects in question do not aim to create a specific legal regime protecting objects of this kind from administrative or judicial execution. Their purpose is to ensure the correctness of related acts and the efficiency of the execution itself. It is important that legislators do not exclude the application of ordinary forms of sale for the objects in question; i.e., they are subject to regular forms of commerce.

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Olivia Rybak-Karkosz

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 83-96

https://doi.org/10.4467/2450050XSNR.20.005.12389

The aim of this paper is to present a historic view on artists’ rights in printmaking before the advent of modern copyright protections. Previously, privilege was the main form of legal protection. In this paper, matters such as the aim and procedure of protection are described as well as the subjects entitled to receive and release this protection and its extent. It concerns the main countries in Europe specializing in printmaking during the Old Masters’ period of activity, which was between the 16th and 18th centuries. The last section of the article focuses on The Engraving Copyright Act 1734, an Act of the Parliament of Great Britain which is stated to be a prototype of modern copyright and its applicability to the historical context.

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Ryszard Nowicki

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 97-114

https://doi.org/10.4467/2450050XSNR.20.006.12390

In 1920, after nearly a century and a half of captivity, Bydgoszcz returned to Poland. The Polish authorities took over the Stadtbibliothek Bromberg, founded by the Germans in 1903. The library contained a valuable collection of approximately 75,000 volumes, although Polish books amounted to merely 300 copies. From the mid-1920s until the outbreak of World War II, Witold Bełza served as the director of the Library. He preserved the valuable collection, including items of post-German provenance. Acting during this difficult period for Poland and the city, he obtained collections with Polish provenance and led to the inclusion of the Municipal Library in Bydgoszcz as one of the most important public libraries in the country.

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Katarzyna Schatt-Babińska

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 115-130

https://doi.org/10.4467/2450050XSNR.20.004.12388

According to the law, the owner of a monument must take care of it properly. His duties include carrying out necessary repairs to the monument, including covering their costs (Articles 5 and 28 of the Act of 23rd July 2003 on the Protection of Monuments and the Guardianship of Monuments). This article will analyze the possibility of securing necessary funds for renovation in the event that a monument is sold by the local government to a private investor. Typically, the guarantor of a bilateral agreement is an independent third party. In commercial transactions, a bank is often used as a guarantor (as an independent institution). There are two particularly noteworthy options used by banks in this context: letters of credit and bank guarantees. These are solutions which have been tested and relied upon in trade. So why not make use of proven methods from trade and apply them to the protection of monuments? Although this would require the introduction of specific solutions via legal provisions, it is worth considering such changes, as they could protect monuments from destruction.

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Jakub Hanc

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 131-154

https://doi.org/10.4467/2450050XSNR.20.007.12391

The issue of so-called justification of art continues to be debated intensely in the applicable literature. Academic opinion increasingly highlights the need to include international and constitutional regulations regarding freedom of expression, particularly freedom of artistic expression, in the discourse. This article adopts a somewhat different approach and aims to analyze that non-statutory justification in the context of statements by critics, art historians, artists and lawyers. This type of approach makes it possible to assess whether the conditions excluding the unlawfulness of an act proposed in the science of criminal law are useful tools to facilitate the criminal law evaluation of specific factual circumstances by a judge.

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Katarzyna Chałubińska-Jentkiewicz

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 168-171

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Grażyna Szumlicka-Rychlik

Santander Art and Culture Law Review, 1/2020 (6), 2020, pp. 172-176

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