Culture`s tradition in Romania (our country) goes a long way back. On the other hand, the cultural market and its actors started to develop only in the last two decades.
Even so, both culture and its actors should stay inside the legal frame.
Art is – in all its forms of expression – visionary, while the legal norm is not. Law comes into art to protect the artistic product itself, its author and also the beneficiary under the shield of the state-guaranteed institutions.
To serve well the interests of the art market, considering all the aspects involved, it is needed to know perfectly and specifically all the rights and all the obligations imposed to those who are operating on this market.
The mediation of opposite intentions can be achieved only by knowing and recognizing all the freedoms and restrictions established by the legislation and by putting them together in a contract between the artists – on one hand, the art collectors – on the other hand, and the gallery owners and art agents who are empowering the market and are presenting the products to the public.
The art market – its actors, need skilled advisors and well-considered legal opinions. Due to the fact that the Romanian art market was restrained for a long period of time – heritage artworks free circulation being prohibited – jurisprudence barely exists and only law doctrinaires can explain and teach Romanian legal advisors the appropriate laws and the jurisprudence of congenial law systems.
In this ascertaining market, in order to have respect for the artists` rights, it is essential to inform them, as well as the art collector and it is mandatory for the actors on this market to know their freedoms and limitations. Core concerns are the relationships between the gallery holder and the artists and the obligations of the artwork`s owner.
Art law has a vital role – framing and structuring all the relationships established around the artistic product.
- “Some comments on the annulment of the sale of an artwork ”, L.M. Harosa, M. Mocanu în R.R.D.A. nr. 12/2013
- “The contract between the artist and the gallerist: a brief overview” in L. Bercea, Contractele nenumite în afaceri, Coferințe, Ed. Universul Juridic, iunie 2017
- “Artist’s Moral Rights. Jurisprudential Perspective” in R.R.D.A. nr. 1/2017
- “Patrimonial rights of the artist. Use right (I)” in R.R.D.A. nr. 2/2017
- “Patrimonial rights of the artist. The resale right (II)” in R.R.D.A. 4/2017
- “On fiscal status of the artist” in R.R.D.A. 5/2017