Journal of Shanghai University (Social Science Edition) ›› 2019, Vol. 36 ›› Issue (1): 112-.

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Artworks as the Regulated Objects of Art Law

  

  • Received:2018-06-17 Online:2019-01-15 Published:2019-01-15

Abstract:

 Artworks are artistic productions with strong personal characteristics of the artists. In addition to being artistic for appreciation, they can also be commodities with market value. The artwork market in China is increasingly thriving, but the supporting legal system is still insufficient and the art law is yet to be established as an independent department law. Artwork as the core conception of the art law, calls for clarification in terms of its legal boundary and the rights and interests attached to it. Artworks have original, economic and legal dimensions. From the legal aspect, an artwork is, first of all, a property under property law, and its property rights are protected. Nevertheless, the more important rights related to artistic works are copyrights and the rights of resale. In defining the conception of artwork, it is essential to discriminate relevant terms such as artistic work, cultural relic, fine art, cultural property, etc.

Key words: artwork, copyright, antique, art law, right of re