NFTs in museums – challenges and persuasion in the eye of an article 2 of Act on Museums

This paper aims to analyse challenges and perspectives related to NFTs that Polish museums would need to consider regarding their activities, as described in art. 2 of the Act on Museums of 21 November 1996. These activities include collecting, maintaining, securing, and exhibiting artwork as well as conducting educational and research activities. Therefore, one must con-sider whether NFTs are a long-term opportunity for museums to fulfill their goals and activities or a temporary solution providing financial aid during the post-pandemic crisis. In this paper, the author describes the importance of NFTs for the art world and quotes examples of museums that already collect and exhibit NFTs or organise events about them. The paper also includes the results of a survey conducted among Polish museum professionals to obtain their opinions on this matter.

In the search for an optimal pattern of conduct for the settlement of disputes concerning the ownership of cultural property, the article characterises the legal means and conciliation initiatives available to states. The discussion is limited to the forms of cooperation confirmed in international law instruments, developed especially in the framework of UNESCO’s period of activity, as adopted in the second half of the 20th century and thereafter. In this context, the use of litigation before both the International Court of Justice and national courts is discussed. Attention is also given to conciliatory forms of dispute resolution, distinguishing between consensus initiatives involving only the states interested in resolving the dispute and forms extended to include the participation of impartial mediators supporting the parties in their search for a satisfactory solution. The article assumes that the development of an out-of-court compromise is particularly desirable when the settlement of a dispute concerning the ownership of a cultural asset by an international tribunal or national courts, due to the legal status in force, limits the prospect of obtaining a substantive settlement satisfactory to all parties involved in the conflict.

The aim of this article is to formulate de lege ferenda conclusions that result from Poland’s ratification of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. After a brief analysis of the principles of this Convention and comparing them with the relevant provisions of Polish Law, the author proposes five fundamental changes that should be made to this Law for greater effectiveness. These concern, in particular, the regulation of archaeological research, including the procedures intended for foreign entities and the participation of the Minister of Culture and National Heritage. Moreover, the article addresses the exclusion of the application at sea of the provisions on the search for „hidden or abandoned movable monuments” and the search for „shipwrecks and their remains”. Finally, it recommends moving the procedure for „searching shipwrecks” to the statutory level and unambiguously defining the legal status of monuments extracted from the sea, which according to the Convention „cannot be traded”.

The Internet has fundamentally influenced all aspects of life – including culture, increasing access to such goods. This access has become faster, simpler and cost-free, including access from illegal sources, thus potentially violating the rights of creators. For years, public debate has raised the problem of the “copyright crisis”, which has been unable to meet the challenges of our information society. The EU’s response to increasing protection for creators is Directive 2019/790 on copyright and related rights in the Digital Single Market. Article 17 of this directive imposes an obligation on providers of online content sharing services to preventively control content posted by users – the so-called liability mechanism. This preventive control raises concerns about the potential violation of users’ right to freedom of expression. The article analyzes the mechanisms of the liability system, including the identification of subjective and objective aspects of the imposed obligations. This analysis was compiled with the standards of protection and restriction of freedom of expression in the conditions of the information society. The aim of the work is to assess whether the mechanism of the accountability system violates the essence of freedom of expression.

The constitutional review of the provisions of the Act on Protection of and Care of Historical Monuments has so far been initi­ated eleven times, with the use of various procedures and with differ­ent results, because so far only three matters have been substantially resolved. The subject of this study is an analysis of constitutional problems diagnosed in pleadings instituting proceedings before the constitutional court. The analysis of the research material leads to the conclusion that the repeated accusation of unconstitutionality is a disproportionate interference with property rights and reveals deficits in the procedural justice mechanism of property protection. As can be seen from the Tribunal’s statements, it does not give pri­ority to any of the values involved in the actual conflict when consid­ering requirements for the protection of national heritage contrasted with the expectations of effective protection of the right to property, but rather seeks a solution based on the principle of proportionality.

2022 marked the 50th anniversary of the adoption of the 1972 UNESCO Convention on the Protection of the World Cultural and Natural Heritage. On the occasion of this anniversary, the article uncharacteristically contains criticism of both UNESCO itself and doubts about the 1972 Convention. However, all these remarks flow from concern for the fate and future of this international organisation, whose activities and achievements in the protection of the world cultural heritage ultimately deserve recognition. The problems do not merely arise within UNESCO, but rather with other members of the international community, particularly some states and their actions toward the organisation. Problems also arise from the implementation of and compliance with international law. The allegations against UNESCO are organised and discussed here according to three criteria: formalism, time and costs. On the other hand, the 1972 UNESCO Convention itself is presented from two perspectives – first, in the normative layer as an international legal act, which serves as a sui generis constitution of the world’s protection of cultural and natural heritage; and second, in the empirical layer. In the latter context, attention was paid to the role of the UNESCO World Heritage List. Regardless of the criticisms, as well as the weaknesses and problems highlighted, it is clear from the article that it emphasises the value of both the 1972 UNESCO Convention, one of whose main advantages is that it has resisted the passage of time, and the great role of UNESCO itself, as an important international organisation with considerable achievements and merits.

Emergency Red List of Cultural Objects at Risk–Ukraine is now part of the 19th Red List and the 8th Emergency Red List of Cultural Objects at Risk. The Red List is one of the key tools for combating the illicit traffic of cultural heritage objects, which ICOM has been publishing since 2000. In the case of Ukraine, the creation of the Emergency Red List was a response to the high threat of illegal trafficking of cultural heritage posed by Russian military aggression, beginning in February 2022 and currently ongoing.

During 1954-1958 the building of the Pomeranian Philharmonic was erected in Bydgoszcz. From the 1970s its interiors were decorated with sculptures, tapestries and graphic artworks by contemporary Polish artists. Sculptures additionally stood in front of the building and in the park, creating an outdoor gallery of virtuosos and composers. The originator of this collection was the long-time director of the Philharmonic, Andrzej Szwalbe (1923-2002). The idea of combining music with various fields of art was implemented consistently until the 1990s. For the “temple of music” in Bydgoszcz, works were prepared by artists such as Barbara Zbrożyna, Adam Myjak, Michał Kubiak, Józef Makowski (sculptures), Kiejstut Bereźnicki, Józefa Wnukowa, Magdalena Heyda-Usarewicz, and Tadeusz Brzozowski (tapestry designs). The “Collection of Painting and Graphic Art Tadeusz Brzozowski” includes works by – among others – Magdalena Abakanowicz, Jan Tarasin, Stefan Gierowski. The works not only decorate the interiors, but also document the achievements of Polish artists in the 1970s and 1990s. The art collection has been on the Register of Historic Places since 1990.

The source article presents problems related to the functioning of Maria Ogińska’s private estate in Rietavas, Lithuania, during the First World War. A handwritten report of Kazimierz Rzeszowski, the estate’s manager, found in the National Archives in Krakow, enabled the creation of this article. The estates were located in the territory of the Russian Partition. From 1915, they were under German occupation. For several years, the plenipotentiary took formal and informal measures to secure the Duchess’s assets. As a result of his personal intervention, a palace in Pojeziory, owned by Zygmunt Nagurski, was saved from being burned down. After the end of the war and the establishment of the Lithuanian state, the Rietavas estates were nationalized. The unique manuscript provides information about the fate of the cultural property gathered in the palace in Rietavas. It is a proof of the destruction and dispersion of cultural heritage valuable for Lithuanians and Poles, related to the large private landed property of Ogiński’s princes.

The paper attempts to address contemporary selected phenomena that form the context of cultural heritage in western Poland. The statement refers to some social, legal and economic aspects that affect changes in the perception of cultural heritage in western Poland. Although the problems of cultural heritage in western Poland have been of interest to researchers for many years, new issues are emerging. According to the author, phenomena that can be observed in recent years are particularly interesting. These include the pronounced generational transformation in Poland and Germany, which is redefining the social perception of these problems. References to the significance of the German-Polish treaties in the perspective of the last several years are also interesting. The article poses the question of the real meaning of common heritage in the dimension of Polish-German relations.

The purpose of this article is to review the case law of administrative courts from recent years concerned with the re­moval of a monument from the monuments register. This procedure should be applied with extreme caution, in accordance with the le­gal rules and interpretation of the administrative courts, in particu­lar with regard to the premise of destroying a monument connected with losing its values as a monument. The study draws attention to the problem of the failure of the owner or holder of a building to fulfil his duty of care towards a monument. It can be drawn from the examined judgments, that such omissions cannot serve as a reason for the removal of a monument from the register.

The article addresses the issue of protection of fictional characters in the context of their location in popular culture. The author, on the basis of case law and doctrine, analyzes the prerequisites for granting protection under copyright law and industrial property law, emphasizing first of all the location of the fictional character in pop culture. The article analyzes the case law of Polish courts and European countries. The author emphasizes that the right to the integrity of the work is directly linked to its cultural context.

There are a variety of methods that may be used in the analysis of crimes against cultural heritage which allow us to determine the level of risk. A comprehensive study covering all instances of crime against cultural goods during the period of one year allows us to note tendencies in criminals’ behaviour and helps develop methods to counteract similar crimes in the future. The article presents the selected cases of crime in 2021 based on statistics prepared by the police, National Revenue Administration and border police. The study is a part of an annual series and aims to illustrate the trends and threats to monuments and cultural assets throughout a given year. The complementary presentation of collective information on the threats posed to cultural heritage is essential to develop a strategy for its protection from a research perspective.

The article presents the Polish UNESCO Associated Schools Network (ASPnet). The Polish ASPnet was established in 1956. The activities undertaken in 2023 (for instance, the international Gift a Poem campaign) are presented together with the Polish celebrations of the 70th anniversary of this oldest UNESCO network. The analysis of the reports submitted by the Polish network members is provided with a special focus on networks, cooperation with other UNESCO family members, and UNESCO designations