On the first day, the first session ‘Introduction to Law for Non- Lawyers’ renders a general introduction to law, aiming to offer foundational tools for the further understanding of the topics covered throughout the Module Art and Law. The session addresses three main aspects: (i) Foundations of law. This aspect offers, amongst others, knowledge on the different legal systems (i.a., civil law, common law). (ii) Sources of law. This aspect covers, amongst others, the origins of the rules that regulate society, such as legislation, case law, doctrine, and customs. (iii) Basic concepts of law. This aspect covers, amongst others, the recurring distinction between private and public law. The day will continue with the European Law and Comparative Law dimension. In this session we will discuss the developments and rules concerning import and export of cultural objects in the EU and the legislative measures taken by the EU and the Member States of the EU. We also will consider the measures the Council of Europe has taken to regulate this area. Day two focuses on private sales and private (international) law. The first three hours of this day will lay the foundations of contract law and property law needed to understand the basic framework of private law. . In the last part of this session the problem will be addressed what happens if the seller was not the owner and had no permission to sell and transfer the object in question. Under which circumstances may ownership pass to a bona fide purchaser? The second block of three hours will describe the various limitation and prescription periods which practitioners may encounter when reclaiming stole or lost art. Finally, all the preceding elements will be brought together in the difficult context of artwork looted during the period of the Holocaust. The third day starts with looted art issues and the illustration of some of the ideas we developed in previous sessions by exploring the Goudstikker-case, after which we will discuss another major problem in the art and antiquities trade in the chapter on authenticity and expert liability. The first part of this session will aim to clarify the concept of authenticity. In the second part of this session, we will explore the remedies for frustrated buyers and sellers when they face authenticity problems. In the third part of this session, we will focus on the liability of professional intermediaries (auctioneers, dealers, experts) for their opinions and misattributions. The fourth day focuses on intellectual property law. The first block will give an overview of the different forms of intellectual property, and explain the basic legal framework in this area of law both at the international and EU levels. The second block will zoom in on aspects of the copyright regime in Europe and selected Member States that are of utmost importance to cultural industries. Finally, we will have time for to students’ presentations of previously assigned case studies and a special lecture and reflection as part of the Cultural Leadership Development Trajectory.
Examples of core readings: * B. Demarsin, E.J.H. Schrage, B. Tilleman & A.-L. Verbeke (eds.), Art & Law, Oxford/Brussel/Brugge, Hart Publishing/Mercatorfonds/die Keure, 2008, 615 p. * Chr. Roodt, Private International Law, Art and Cultural Heritage, 2015