France
currently boasts more than four thousand museums, offering the public
an opportunity to discover and understand works of art. But behind
the scenes, those running the museums must deal with day-to-day legal
problems relating to all their activities, from acquisition and restoration
to "merchandising". In their book entitled Droit, œuvres
d'art et musées (Law, works of art and museums), Marie Cornu
et Nathalie Mallet-Poujol explore the legal questions stemming from
all a museum's highly varied activities.
Before
a work of art can be exhibited in a museum, certain legal issues in
both the public and private sphere may need to be addressed. The areas
of the law pertaining to works of art range from contracts, author's
rights, and property, to legislation concerning cultural heritage,
public institutions, etc. A work of art may belong to a private person
or a public entity; an exhibit can be organized by local authorities
or a commercial firm. Often reconciling the conflicting interests
of public service (the conservation and presentation of works to the
public) and financial goals is a highly complex task.
In
addition to playing their traditional role, today many museums are
involved activities such as "merchandising", electronic
publications, etc. When public museums pursue commercial activities,
such as selling objects inspired by the works on exhibit, they compete
with the private sector and may encounter new types of legal problems.
Moreover, the added revenue generated by commercial activities raises
issues related to administrative and business law.
The
main role of museums is, of course, to preserve and protect artworks.
Keeping these works under state protection is often the best way to
safeguard them and ensure their accessibility to the public. Museums
acquire their collections in various ways, all of which are subject
to legal control. Art preservation policies are designed not only
to keep works of art from leaving a given area, but also to oversee
conservation and restoration.
Reference:
Droit, œuvres d'art et musées,
Marie Cornu,
Nathalie Mallet-Poujol,
CNRS éditions 2001,
408 pages, 195 F.
