LAW OF ART

The “Law of Art”. It is a term that indicates a complex legal system: it is the right to discipline and regulate any relationship that has to deal with the work of art and its circulation, or with the artist, or with the various events that they can be closely related to them.

The “Law of Art” proposes to regulate, protect and facilitate the life of the created work as well as the creation in itself, as well as the circulation and enjoyment of the artistic object. The legal interests involved are complex and multiple and often in conflict. The penetrating vision of the educational and social function of the artistic product must be brought together with the private institutes that protect property as an element of individual patrimony.

Although Art, in the broadest sense of the term, includes every high human creation (cinema, theater, music, literature and so on), the “Law of Art”, as usually understood, mainly concerns the works of the figurative arts, plastic, tactile, visual (sculpture, painting, graphics, drawing, photography, computer art, video art, etc.).

Moreover, the “Law of Art” is closely linked and, in some cases, is superimposed on “Copyright” and “Cultural Heritage Law”, inherent in specific prerogatives.

In the field of the “Law of Art”,  the Studio Giannini of Rimini has been dealing with issues relating to the authenticity and attribution of works of art, ownership and provenance, resale rights, donations, inheritance and in general everything related to the world of Art.

WORKS OF ART ON LINE SALES

Main and unavoidable result of the growth of the works of art on line market is probably the opinion that the work of art is a consumer goods. The increase of the on-line galleries and auction houses, web sites dedicated to the world of Art as well as advertisment and marketing strategies, based on social networks, seems to have created a new figure of the collector, closer to the consumer than to the art expert.

The rules of the Consumer Code could be relevant within this changed commercial situation, in order to preserve the work of art digital purchaser “non professional” trader. The regulatory framework of the Consumer Code is composed by Legislative Decree 6th of September 2005, n. 206 and by the subsequent Legislative Decree 21st of February 2014, n.21 implementing the Directive 2011/83/UE).In addition to the topic of Unfair Clauses, to the vendor reporting obligations and to the guarantees of the vendor to the purchaser, extremely important for the on line consumer is the right of withdrawal.

The consumer, infact, may terminate the contract signed with the vendor without having to give any reason or to pay penalties. Following the reform by Legislative Decree 21/2014, the Consumer Code provides in Articles 55 and following that the Consumer can exercise his right of withdrawal within 14 days from the date of receipt of the article ordered. Even if the vendor hadn’t informed the purchaser about the possibility of the withdrawal, nevertheless, the term is 1 year. When the right is activeted, the trader is informed by the consumer about his decision and will have a 14 days term to reimburse all payments received by the consumer. In the event of non payment, the competent Court, to launch a case, is where the purchaser has habitual residence or domicile, without taking into consideration where the contract has been signed. It is clear, despite the risks for the Works of Art digital consumer during the purchasing on line, the presence of a regulatory system able to properly protect him as well as for a classic purchase.