Art and Law

Start Date: Monday, October 01, 2012
End Date: Saturday, October 06, 2012
Category: Society Issues
Venue: Wustrau
Country: Germany
Leading organisation: Deutsche Richterakademie
Cooperative Partner:
Language(s): German
Training level:
Target audience:
Participants(EJTN): 5
Contact: Wiebke Dettmers
Contact e-mail:
Contact phone: +49 30 18580 6971

Course Description

The conference is targeted at judges of all jurisdictions as well as prosecutors.
The competitive and highly complex art market has a strongly international character. As in any other lucrative market, dealing with works of art can lead to legally relevant actions that transcend national borders. In addition to the well-known and spectacular cases of forgery, art theft, insurance fraud, money-laundering and trade with stolen works of art, the following additional legal problems have cast a fine net over the entire art-world and require action:  copyright matters, the process of defining ownership (looted art, provenance research), remuneration of artists in the context of exhibitions, issues of utilization and the formation of foundations. Notwithstanding that the constitution does provide for the unlimited freedom of art, in the context of artistic work this freedom is to be continually weighed up against other constitutionally protected rights, and limits are to be defined.
At the conference an art historian will use actual examples to examine interfaces of law and art. She will also demonstrate to which extent the procedure of discerning whether a work of art is an original or forgery resembles a trial based on circumstantial evidence. Furthermore the conference will pay particular attention to the areas of art and tax law, international protection of cultural heritage, art and copyright, freedom of art and the rights of the individual as well as the protection when works of art are acquired.
The conference will be organized in presentations and discussions. An excursion (-a trip to Berlin is in planning-) and films are planned for illustration.