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| 文件名称： | Art Law in China.doc |
| 所属大类： | 论文集锦 |
| 行业分类： | M:科学研究、技术服务和地质勘查业 |
| 生效日期： | 2006-09-26 00:00:00 |
| 文件星级： | ★ |
| 文件字数： | 83238 |
| 文件页数： | 52 |
| 文件图表： | 0 |
| 资料语言： | 中文 |
| 文件大小： | 149KB |
| 文件简介： | Art Law in China 周林 For quite a long time in China’s contemparary art history（1）, artistic creation, guided by the slogan “literature and art should be subordinated to palitics,”(2) was carried out mainly as a “political task” or as a “tool for propaganda”, and therefore art had tittle to do with law. In the early 1980s, after the opening to find a way out for the artworks which were gradually changing in nature from merely tools to art commodities, raised the issue of art commercialization(3) though they never raised the issue of art law because most artworks at that time were traded in private or in stores with the characteristics of planned economy. From the early 1970s to the late 1980s, the art speculation by western and especially Japanese wealthy people caused the price of artworks to soar all the way to an unprecedented high level(4). By the end of this art investment rush, art markets in China were awakened. People, no longer shy of talking about the trading of artworks, offered them for sale openly, asked prices directly and even put them up to auction.(5) Art appeared in markets and came to the ordinary people. With the development of artwork business came up the issue of art law. A few keen artists, critics and legal workers, driven by their professional need and strong interest in art, began to study and analize this new phenomenon - the marriage between art and law. They wrote books and gave lectures, providing legal aids to people in the art markets and offering advice and measures to cultural administration departments. The era of art law finally came to China. Section I. Legislation On Art In China, art law concerns such legal problems as involved in the creation, exploration, production,sale,transfer, exhibition and collection of artworks and cultural assets. These legal problems consist of the import, export, auction and authentication of artworks, insuranec, tax, freedom of speech, and the protection of intellectual property, etc - problems which have to be solved and regulated by many kinds of laws and regulations rather than a single rule.(6) A. Copyright Law The protection of artist’s rights is one of the main contents(7) in art Law. While China’s Constitution corfirmed its citizens’ freedom in art creation long ago,(8) the first law to protect artists’ intellectual property rights had not come into being until 1990 when the copyright law of the Preople’s Republie of China was promulgated. It should be pointed out that, from the very beginning, China’s Copyright Law set a high standard for itself in its protection of artists. For instance, by the law photographic works and works of fine arts are placed under the same provision as common protected works, and therefore the term of protection of photographic works is set to 50 years after the author’s death, the same as that for works of fine arts.(9) The term of protection of photographic works in Berne Convention is 25 years,(10) different from that of works of fine arts. As for architectural works, Rules for the Implementation of the Copyright Law defines it as works of plestic art,(11)which is in accordance with the requirements of the Berne Convention. The Copyright law does not make any clear provisions on works of applied art, but International Copyright Treaties Implementing Rules provides that works of applied art by foreigners enjoy 25 years of protection.(12) |
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