Law and the Arts

"Andreas Philippopoulos-Mihalopoulos opens the book with his latest contribution to his comprehensive project of re-theorising spatial justice with a piece titled ‘Spatial Justice in a World of Violence’. Through a close reading
of the photographic series Fortunes of War, Life Day by artist Eric Lesdema,
Philippopoulos-Mihalopoulos is interested in how these images reveal peripheral
spaces at the edge of violence which impose an ethic of spatial responsibility on the
viewer in the act of turning away and looking elsewhere. While no acts of explicit
violence are shown in the images, we are left with no doubt that violence is ubiquitous
along the spatio-temporal continuum. This continuum of violence between
bodies raises questions of complicity and responsibility. Do we submit to a state
of affairs in which space is saturated with the everyday and immobilised violence
of the ‘engineered atmosphere’ – or is it also possible for bodies to withdraw from
the atmosphere, through ruptures and folds within the continuum? Such a notion
raises the ethical possibility of the ‘emergence of spatial justice’." Chris Butler and Edward Mussawir (eds)

1. Appropriazione e postproduzione: il contesto giuridico. 2. L’opera approriazionista come trasformazione dell’opera orignaria. 3. L’opera appropriazionista come parodia dell’opera orginaria. 4. Nuovi criteri per la valutazione dell’effetto trasformativo. 5. Diritto d’autore v. Libertà d’espressione: alla ricerca di un nuovo equilibro

Publishing house Larcier uses an emblematic figure as a company brand. Since the end of the 19th century, a goddess with helmet and sword adorns its legal publications. Often, the logo is seen as the virtue Justitia, although it also refers to the antique goddess Athena or Minerva. This article argues that this mix-up is neither coincidental nor recent, though must be seen as a numen mixtum, a deliberate iconographic synthesis of two divinities. Combining legal periodicals and legal iconography, the authors show how Brussels’ fin-de-siècle legal professionals, led by Edmond Picard, were convinced that both art and law contributed to the Belgian nation and that the boundaries between artists and jurists were rather thin. Within this legal-artistic climate, art and law, two of Minerva’s key domains, both had to be vulgarized in one and the same effort.
This version, put online two years after publication of the original essay, includes an addendum with three supplementary visual sources that demonstrate the specific authorship of Charles Van der Stappen of the 1891 Larcier logo, as well as the fact that the sculptor reused his existing 1886 Minerva figure and transformed her into Themis in 1894.
[article in Dutch]

Archivi d'artista e lasciti: memorie culturali tra diritto e mercato - Il 28 e 29 novembre 2016 l'Università Milano-Bicocca ha ospitato il convegno Archivi d'artista e lasciti: memorie culturali tra diritto e mercato. Il convegno ha beneficiato del sostegno dell'Accademia di Belle Arti di Brera, di NABA Nuova Accademia di Belle Arti e della collaborazione con l'Associazione Italiana degli Archivi d'Artista. Durante le due giornate di lavori si sono confrontati responsabili degli archivi e delle fondazioni, curatori dei cataloghi ragionati, direttori dei musei, giuristi ed esperti di marketing dell'arte provenienti da diverse parti del mondo.

What is the relationship between street art and the law? In A Philosophy Guide to Street Art and the Law, Andrea Baldini argues that street art has a constitutive relationship with the law. A crucial aspect of the identity of this urban art kind depends on its capacity to turn upside down dominant uses of public spaces. Street artists subvert those laws and social norms that regulate the city. Baldini shows that street art has not only transformed public spaces and their functions into artistic material, but has also turned its rebellious attitude toward the law into a creative resource. He aims at elucidating and arguing for this claim, while drawing important implications at the level of street art’s metaphysics, value, and relationship with rights of intellectual property, in particular copyright and moral rights. At the other end of the spectrum of contractual art, street art is outlaw art.

This article examines renowned yet controversial American photographer Spencer Tunick, whose work has led to numerous arrests, a high profile court-case and finally, success abroad. Spencer Tunick's photographic works, which he calls installations, have brought him great renown, but his work was and continues to be hazardous, exposing the unstable rules about art and nudity in public space. Masses of naked bodies populate his works, standing up, lying down, painted blue, lifted up, holding hands, in public spaces all over the world. Tunick is not interested in sexualised imagery: the boundaries he wants to push against are political. Ironically, it was his high-profile court-case win in 2000 to photograph a group of nude persons outdoors in New York that led to increased censorship, and –more fortuitously– to international success. Using archival records, interviews (by the author) with Tunick and reflections on the interactions between photography, the law, morality and public ...

The "Code of Performing Arts and Music [Código de las Artes Escénicas y de la Música]" is a legislative summary preceded by a history of Spanish legislation in scenic and musical matters, from the period of the Spanish Transition to the present. It is constantly updated by the "Spanish State Official Gazette Agency" [Agencia Estatal del Boletín Oficial del Estado].

El "Código de las Artes Escénicas y de la Música" es un Sumario legislativo precedido de una historia de la legislación española en materia escénica y musical, desde el periodo de la Transición a la actualidad. Se actualiza constantemente por la "Agencia Estatal del Boletín Oficial del Estado" española.

This research aims at discussing a possible reading of Gustav Klimt’s painting Jurisprudenz, from a juridical perspective, in order to explain its potential of meaning regarding the relation between law, sovereign violence and public sphere in peripheral countries like Brazil. In order to do so, this paper is based on three analytical aspects, which are deeply interconnected: The Renaissance’s revival of pagan Antiquity, Freud’s psychoanalysis, and the ambivalent relationship between Law and sovereign violence. Klimt articulates these three dimensions through a) elements of Greek mythology; b) in a Freudian dream-like atmosphere; c) placing the observer in the political role of one of its main characters. Methodologically, this research identifies the references of Klimt at his lifetime and proposes a dialog with the previous interpretations and reflections made by Schorske, Minkkinen, Rodriguez and Manderson, among other authors that dedicated themselves to study the Jurisprudenz of Klimt. Jurisprudenz presents a visual narrative that allows one to understand the rupture of the cogito self by the desire self (Freud), the exception/sovereign violence of Law (Schmitt, Benjamin, Agamben), and the creative construction of the Law by democratic participation in new forms of public sphere (Habermas).

This paper was sparked by an encounter with the British landscape artist Paul Nash's painting 'We Are Making a New World' (1918) amid the tumult of Brexit in 2016. Much as the UK might like to withdraw from the outside world, I argue, it is inescapably implicated in world-making projects. It cannot choose to withdraw, it can only decide whether to engage consciously and reflectively or not. The world-making projects that began as World War One ended - projects evoked by Nash in his painting - are still in train today. Just as Nash's painting draws us into the churning mud of his ambivalent image of world-making, so we are always already engaged - for good and ill - in world-making work.

Cantor Yossele Rosenblatt was offered an opportunity that would make any performer swoon: a star role in the ground-breaking film The Jazz Singer (1927). Yet Rosenblatt refused this artistic opportunity of a lifetime. This paper contextualizes Rosenblatt’s baffling decision, by exploring one possible relationship between the arts and law; in this case—the art of storytelling and the Jewish legal system. The study demonstrates where the two pursuits tread separate, unlinked paths to a common end. This vector is refracted through the lens of liturgical performances outside the religious synagogue service; specifically the propriety of cantorial concerts featuring prayers from the High Holy Days. This issue is addressed in legal writing and in storytelling, each modality using its own tools to tackle the trend. It is noted that legal systems without effective enforcement mechanisms—such as Jewish law in the late modern period—could use arts as compensatory media for achieving societal order. More significantly, however, arts and law are not umbilically connected; each cultural creation independently strives to fashion society.

While art has developed into a commodities market it lacks the same kind of rigour and transparency of regulations associated with comparable commodity markets. For the last decade, financial analyses have increasingly reported the growing similarities in the way art and cultural objects have become tools of investment—as other commodities have long been. Yet the different rules surrounding the trade and investment into these two different asset categories are worlds apart. The trade of art is both founded in national export prohibition laws that have been developed to protect cultural property belonging to countries' national cultural heritage, and in recent years, has also become reliant on rules, like export licenses, and privatisation of national collections, that enable it to move more freely across borders, an effectuate the propensity of artists to earn a living, collectors to sell without losses caused by protectionism, as well as for the sharing of art for tourism to reach wider audiences. This dual path has enabled art, and especially heritage, to be both protected and given the opportunity to grow in value without too many regulatory restrictions, in the way other financial investment markets have had to be regulated. As stocks are traded on Wall street and other financial hubs, international auction houses have developed into trading grounds for ever-groundbreaking art prices and are working increasingly with art dealers who act as commodity brokers. The brokers behind these deals, and the funds with which they broker, fall under a cloak of privacy and thus leave one of the world's largest transnational investment assets ruled by the near lack of transparency or adequate regulation. This chapter outlines the main regulatory instruments of transnational art trading, the relevant enforcement agencies, the ways in which art brokers like Jason-Louise Graham is a Freelance writer on art and art law as well as Account Manager for the Rene Magritte project at Rare Posters Dba. Art Wise in Brooklyn New York.

This article considers the legal difficulties associated with the restitution of looted-art, keeping a specific focus on the return of archaeological artifacts and antiquities. Can legal claims satisfy quickly and effectively the need of the parties to settle an art-dispute? Has a tribunal the right expertise on such a specific matter? The attentive analysis of the art market evidences the percentage of illicit trade on art, which reached up to US$ 9.1 billion in 2017. Although government authorities do always keep an eye on looted artifacts, the theft of art and antiquities cannot be easily identified by an interested buyer. A few international databases, such as The Art Loss Register, Carabinieri’s Leonardo or the INTERPOL one are increasingly developing their services and offering the general public specific tools to research looted artifacts. In this scenario, the international, European and national legal framework are also adjusting to cope with art looting and to offer a common solution between different States. Though, legal claims are lengthy, expensive and not always available because of the difference in the substantive law of diverse countries. Alternative Dispute Resolution (ADR) methods, such as arbitration, mediation or negotiation seem to offer a better solution to the conflicts arising on looted art.

The present publication is the first volume in a series on “Intellectual Property, Practice and Analysis”. It is dedicated to draft guidelines for examination of trademarks in “Sakpatenti”, the National Intellectual Property Center of Georgia, according to European Union Intellectual Property Office (EUIPO) guidelines on European Union Trademarks. The guidelines are designed to bring together, systematically, the principles of practice derived from the jurisprudence of National and European courts, the case-law of Sakpatenti’s Chamber of Appeals as well as EUIPO’s Boards of Appeals. They provide an important source to develop coherent, predictable decisions in the field of intellectual property rights in Georgia, in harmony with EU law.
The accurate enforcement of intellectual property rights is the next stage of the Georgian and EU law approximation process. It is therefore important to acknowledge international approaches and to reflect the general practice of the European Intellectual Property Office (EUIPO). Intellectual Property Rights are emphasized in the Deep and Comprehensive Free Trade Agreement which is an essential part of the Association Agreement between the European Union and the European Atomic Energy Community and Their Member States, Of the One Part, and Georgia, of the other Part (“Association Agreement”). It contains an economic integration mechanism with the EU and opens up the EU market for Georgia. According to the Association Agreement, each final decision taken by Sakpatenti shall be duly reasoned.
The current publication is drafted to ensure that the obligations according to the Association Agreement are met and that the respective trademark registration legislation and procedures in Georgia are transparent, rational and well-grounded. This publication examines one of the absolute grounds for the refusal of trademark applications: namely, public order and the accepted principles of morality. Various cases are analysed in detail, examples are presented and the Guidelines for the investigation of the Georgian law on Trademarks, Article 4(1)(g) are drafted. This norm stipulates one of the absolute grounds of refusal for trademark registration, namely, if a sign or a combination of signs “insults or is contrary to national dignity, religious sentiment and traditions and moral standards”. Consequently, Georgian law as well as EU and international trademark legislation stipulates public order and accepted principles of morality as grounds for the refusal of trademark registrations which shall be assessed according to the EUIPO’s Guidelines for Examination and both National and EU case-law.
The aim of this publication is to raise public awareness about intellectual property rights. It is intended to be used in practice by trademark experts, applicants, trademark attorneys, lawyers, judges and any person interested in this subject-matter.
Insofar as it is the first publication in the series “A Commentary on the Georgian Law on Trademarks”, Sakpatenti would be grateful to receive any comments and suggestions.

(In Georgian language : ევროკავშირის ინტელექტუალური საკუთრების უწყების (EUIPO) ექსპერტიზის სახელმძღვანელო პრინციპები და საქართველოს პრაქტიკა )

წინამდებარე წიგნში ეროვნული და ევროკავშირის კანონმდებლობის სისტემური, შედარებით-სამართლებრივი მეთოდით ანალიზის საფუძველზე, ასევე, საერთაშორისო პრაქტიკის, კერძოდ, ევროკავშირის ინტელექტუალური საკუთრების უწყებაში (EUIPO) ექსპერტიზის სახელმძღვანელო პრინციპების, ადამიანის უფლებების, ეროვნული სასამართლო და კონსტიტუციური სამართალწარმოების პრაქტიკიდან გამომდინარე, განხილულია სასაქონლო ნიშნები, რომელთა რეგისტრაცია ეწინააღმდეგება ზნეობრივ ნორმებს: საჯარო წესრიგს და მორალის აღიარებულ პრინციპებს; განმარტებულია სასაქონლო ნიშნის რეგისტრაციაზე უარის თქმის ერთ-ერთი საფუძველი, რომელიც განსაზღვრულია „სასაქონლო ნიშნების შესახებ“ საქართველოს კანონის მე-4 მუხლის პირველი პუნქტის „ზ“ ქვეპუნქტით. ზემოაღნიშნული ნორმა გაანალიზებულია საქართველოს კონსტიტუციითა და ადამიანის უფლებათა და თავისუფლებათა ევროპული კონვენციით გარანტირებულ გამოხატვის თავისუფლებასთან მიმართებით, ასევე, საქართველოს სახელმწიფოსა და საქართველოს სამოციქულო ავტოკეფალურ მართლმადიდებელ ეკლესიას შორის დადებული შეთანხმების ჭრილში. ნაშრომში ჩამოყალიბებულია სასაქონლო ნიშნის რეგისტრაციისას ექსპერტიზისთვის სახელმძღვანელო პრინციპები საერთაშორისო სტანდარტების შესაბამისად, რაც სასარგებლო იქნება მოსამართლეებისთვის, საქპატენტის თანამშრომლებისთვის, პატენტრწმუნებულებისა და ინტელექტუალური საკუთრების უფლებებით
დაინტერესებული ნებისმიერი პირისათვის.
© საქპატენტი, ელენე სეხნიაშვილი

Photographer Spencer Tunick has been given a lot of freedom in some of the most conservative places. But in New York, that city shrouded in myths of unlimited artistic possibilities, he has not been able to work for nearly two decades. From police violence to bizarre legal battles, the article chronicles Tunick's charged relationship with the streets of New York.

L’arte contemporanea pone continue sfide al diritto classico; non solo al diritto d’autore, ma anche, più in generale, al diritto civile. Tale considerazione trova riscontro anche in relazione al tema del restauro di opere di arte contemporanea: restauro, conservazione, chiamano in gioco i diritti morali dell’artista. Il restauro è necessariamente connesso alla identità dell’opera: e dove il diritto fatica a riconoscere tale identità, anche i limiti giuridici intorno al restauro diventano di difficile individuazione. Nella prospettiva del diritto comparato, una tale inadeguatezza del diritto si colloca in un contesto di diversità di regime giuridico, principalmente fra il sistema statunitense, dove i diritti morali dell’artista sono riconosciuti in modo limitato, e quelli europei, ispirati dalla legislazione francese che identifica nella tutela dell’opera un aspetto della tutela dei diritti della personalità dell’autore. Questo saggio affronta, in particolare, due questioni: quella del restauro che interviene su di un’opera permanente, e quella del restauro che interessa opere destinate alla distruzione o al deperimento per intenzione dell’artista. In entrambi i casi la prospettiva giuridica individua delle situazioni di potenziale conflitto: ora in relazione ad un intervento sull’opera che ne modifichi il significato in contrasto con la intenzione dell’artista; ora in relazione ad una operazione che, contro l’intenzione dell’artista, incida sulla natura effimera o auto-distruttiva dell’opera. Una proposta di superamento di tale conflitto e di riduzione della distanza fra diritto classico ed arte contemporanea, qui avanzata, consiste nella previsione per via legislativa della produzione di un certificato per il restauro e la documentazione dell’identità dell’opera.

Contemporary visual art is challenging traditional law in the areas of both copyright law and property or contract law. This emerges clearly in the conservation-restoration of contemporary artworks where artists’ moral rights are called into play. The act of restoring an artwork is inevitably connected to its identity, and whenever the law struggles to identify this identity, the legal limits of restoration also remain unclear.
The issue is even more complex in a comparative law perspective, given the difference between the US Visual Artists Rights Act (VARA) which provides for weak protection of artists’ moral rights, and the French-based European regulations which
recognise author protection within the broader context of the fundamental rights of personal identity.
This paper focuses on the legal aspects of restoration of a permanent artwork, as opposed to restoration of artworks destined for decay or destruction. Both cases call for interpretation of moral rights, either when an artwork is restored in the absence of, or against, the artist’s wishes, or when restoration interferes with the artist’s intention to leave the artwork to decay or self-destruct.
It is proposed that this potential conflict be resolved through introduction of legislation incorporating artists’ instructions for restoration of artworks, and registration of identity

THE PRINCIPLES OF THE LAW ON THE PROTECTION OF CULTURAL HERITAGE – A PROPOSAL FOR A CATALOGUE.
Among the whole set of legal norms, norms that are legal principles are of particular importance. The attribute that gives a legal norm the status of a principle of law is its importance for the legal system. An important division of legal principles introduces a distinction between the principles formulated directly in the legal text (explicit principles), the principles interpreted from the legal text, although not explicitly expressed in the legal text (implicit principles), and the principles of law not expressed in legislative acts but constituting an element of legal culture (second-degree implicit principles). The law on the protection of cultural heritage is now considered to be a comprehensive branch of law, and one of the basic criteria for separating a branch of law is the possession of own principles of law, a criterion which is satisfied in relation to the catalogue of principles presented in the article, with the guiding principle being the principle of cultural heritage protection interpreted under Articles 5 and 6 of the Constitution of the Republic of Poland. Among other principles of the law on the protection of cultural heritage the following can be distinguished in particular (with the reservation that the catalogue presented in the article has an open character): the principle of access to monuments, the principle of social utility of monuments, the principle of access to information, the principle of control over the state of preservation of monuments, the principle of integrity of the monument, the principle of sustainable development, the principle of cultural heritage management, the principle of change in the usable value of the cultural heritage over time, the principle of financing by the monument holder, the principle of financing from public resources, principles of property protection, the principle of proportionality, the state control over the trading in monuments and the principle of the control of exporting historic objects abroad.

The authenticity of artworks and certification of authenticity is a long-standing, recurrent problem which is becoming increasingly pressing as the practice of art evolves and as the art trade attracts ever higher figures.

Authenticity is important in copyright as a guarantee not only of a real connection between an artwork and its creator, the artist, to enforce and safeguard the artist’s moral right as well as for reasons of droit de suite where recognised, but also of continuity in the work’s identity over time, and consequently as a criterion for how to proceed in any future preventive conservation or restoration work.

Given the creative and conceptually rich complexity of contemporary art practices, situations causing problems and lack of certainty are increasingly likely to arise. A break in the traditional sequence (of idea, (personal) creation, expression, and final material form) is typical of many contemporary artworks; they may be ephemeral or easily reproduced or their realization may be affected by their ability to be faithfully re-executed or re-enacted – as is the case with installations. All this has implications for the correct reconstruction of the identity of an artwork, in the sense of reconstruction of the artist’s intention, rather than of a concrete and definitive form. These factors all mean that certification of authenticity can often be a complex and problematic operation.
 
Identifying, disclaiming, attributing, authenticating: there are deficiencies in definitions and regulations and inconsistencies in rules and practices in many legal systems (Italy, France, the UK, Germany and the USA).  Furthermore, autonomous and original practices have evolved in the market, which may fall through the many gaps in legislation, and bring into play their own criteria and classifications: there is considerable contradiction between the law and the authentication practices of the art market, particularly when it comes to contemporary art.

Legal disputes are frequent, and have recently resulted in resignations by advisory board members of well-known institutes and in the reluctance of others to issue authentication certification in order to avoid the risk of costly lawsuits brought in cases of rejections of authentication. These disputes are a clear indicator of the malfunctioning of a system which lacks ultimate authoritativeness, partly because set procedures resting on common deontological principles do not exist.

The complexity of contemporary art suggests that there is a need not only to rethink methods of valuation and of certification of authenticity, but also validation of artwork production, based on documentation, with an innovative interpretation of the concept of “authenticity in archiving” and of the role of artist’s Archives. A new area for jurists is evolving: that of translating the complexity of new practices and rules into some kind of uniform whole.

There are many ways to protect cultural heritage as a valuable commodity. Although heightened security measures and extensive surveillance methods can deter theft, a more effective means for reducing theft is the elimination of the demand for black market art items. Trade in unprovenanced antiquities is a demand-driven crime; the market for illegal or undocumented items is driven by buyers’ wants. The most effective method of protection for cultural heritage is to eliminate the demand for black market for these precious objects, thereby reducing the market, a method known as the “market reduction approach.” There is a well-documented link between the demand for items without provenance and museums. To eliminate black market demand, legislation is necessary to prosecute and regulate buyers, such as museums.

For many lawyers, Harper Lee’s To Kill a Mockingbird represents an important goal to which law and its practitioners should strive. The novel describes the struggle to achieve justice for a black man in the face of deep-seated institutional racism. It stands as a beloved work of literature, widely read and deeply appreciated. Therefore, any work that Lee would have written after To Kill a Mockingbird would have sparked tremendous interest, given the beloved place her first novel holds. But many other questions have arisen since the release of Go Set a Watchman. This essay aims to address how the authenticity of the novel should be weighed by using the tools of art historians and the art market.

This work is part of an exhibition catalogue Call for Justice, held recently at the Museum Hof Buysleyden in Mechelen (Malines) under the curatorship of Samuel Mareel and Manfred Sellink.
I contributed to the scientific committee (discussions, selection of objects on display) and wrote an essay on this occasion "In the Orbit of Lady Justice".

The wide range of academic writings in response to the famous Jan van Eyck portrait of the Arnolfini couple in the London National Gallery is considered by art historians as an indication of the painter’s stupendous achievement. Not only in the history of art, also for the history of Private International Law in the period 1400-1450 the story of this couple reveals interesting new insights. The Luchese Arnolfini couple lived in Bruges in Flanders and traded in the Bruges-Paris-London triangle. The assessment of notarial documents discloses how these merchants coped with Private International Law issues. These demonstrate the way practicing jurists dealt with cross border issues was different from law as described in the academic writings by Bartolus de Saxoferrato and Baldus de Ubaldis. It seems that the 1400-1450 praxis and customs in Lucca were already at that time more in line with the later theories on the choice of law in contracts described in the sixteenth century by Dumoulin.

Resumo: O presente artigo, de alcance conceitual,tem por objeto a relação entre Direito e Música e busca demonstrar de que forma a música pode ser utilizada como veículo de contestação e luta social, a partir do exemplo de Raul Seixas. Tendo alcançado sucesso de público no período ditatorial brasileiro, época na qual os direitos e garantias fundamentais, como a liberdade de expressão, eram tolhidos arbitrariamente, o artista procurou utilizar seu status social e sua audiência para disseminar ideais relativos à liberdade individual. Conhecedor da Lei de Thelema, Raul ressignificou esse postulado esotérico e o aplicou no campo social e político brasileiro, de modo a difundir suas premissas como forma de luta e resistência contra a ditadura. O artigo, nesse sentido, irá problematizar uma forma de se utilizar a música como objeto de estudo do direito, a partir do exemplo de Raul Seixas, bem como uma forma de como a música pode influenciar o campo social, político e jurídico. Para tanto, metodologicamente, se buscará investigar como e por que a música deve ser considerada uma promissora fonte de estudos jurídicos, na esteira de estudos sobre direito e outras linguagens artísticas como a literatura; na sequência, será contextualizada a situação brasileira da década de 70, época de maior sucesso de Raul Seixas, e investigada a maneira como o artista utilizou de seu lugar de destaque para denunciar e contestar o status quo.

Abstract: This conceptual article aims the relation that can be established between Law and Music, as well as it seeks to show how music can be used as a vehicle of protest and social struggle, by the example of Raul Seixas. Having achieved great success in Brazilian dictatorial period, time in which fundamental rights and guarantees such as freedom of expression were arbitrarily constrained, the artist sought to use his status in society, also his audience, to spread ideals concerning individual freedom. Believing in the importance of Thelema Law, the musician tried to apply its esoteric propose in Brazilian social and political field, in order to spread its premises as a form of struggle and resistance against dictatorship. In this sense, the article questions the way of using music as a field of study of law, by the example traced by Raul Seixas, as well as it questions how can music influence social, political and juridical fields. For this, methodologically, we will investigate how and why music should be considered a promising source of legal studies. After, we will try to understand Brazilian 70’s, time in which
Raul had his most success. Also, in the end, we will try to analyze how the artist used his prominent position to expose and challenge the status quo.

On 14 March 1767, a farmer named Joos Mesuere was publicly hanged in Bruges by the authorities of the ‘Brugse Vrije’ (Liberty of Bruges). Tried for committing fraud and perjury, the punishment seems unusually severe by modern standards, yet it was by no means an exceptional case at the time. Despite this, the hanging of Mesuere does prove to be rather remarkable due to its vivid and accurate depiction by a contemporary artist, Jan- Antoon Garemijn (1712-1799), who might have witnessed the execution. This article explores the story behind the painting of Garemijn. It outlines the legal and social context in which the events took place, unravels the circumstances of the trial and takes a closer look at the painter and his work. Finally, it shows that the gripping portrayal of Mesuere’s death served a unique purpose: to deter potential frauds.

Addressing the illicit trade in stolen works of art and other heritage items is notoriously difficult. Before thefts
of heritage items can be recorded, the object in question must be identified as having special significance.
The investigation of the circumstances in which such an object was acquired and the enforcement of legal
and ethical standards of acquisition become unduly complicated in the absence of a comprehensive national
inventory of museum holdings and of a database of stolen art and cultural objects. This article considers the
development of inventories and databases in South Africa and elsewhere. We argue that cross-sectoral cooperation
in sharing databases needs to improve significantly in order to boost compliance with due diligence
standards. To help restore the credibility of the trade in art and cultural objects, the South African Heritage
Resources Information System site must be endorsed as the centralised database for heritage crime. This
would provide ready access to databases, helping art market participants, law enforcement officers and
customs officials in the investigation of stolen art works.

ENGLISH ABSTRACT: "In the face of many varied studies taking up the issue of law and visuality, there is a need for clear presentation and arrangement of distinguishable relationships between law and visuality. In the paper one distinguishes four general relationships (visuality about law, visuality of law, visuality relevant for law and visuality as a subject of legal regulation), indicates their different types and manifestations, and also briefly discusses their examples and mentions analyses and researches carried out on them." POLSKI ABSTRAKT: "W obliczu bardzo wielu różnorodnych studiów podejmujących problematykę prawa i wizualności, istnieje potrzeba wyeksplikowania i uporządkowania dających się wyróżnić relacji między prawem a wizualnością. W niniejszym opracowaniu wyróżnia się cztery generalne relacje (wizualność o prawie, wizualność prawa, wizualność relewantną dla prawa oraz wizualność jako przedmiot regulacji prawnej), wskazuje się na ich poszczególne rodzaje i przejawy, a także pokrótce omawia się ich przykłady oraz sygnalizuje analizy i badania nad nimi prowadzone."

En este escrito explico la problemática jurídica que plantea la obra de videoarte por sus particulares características, su encaje en la normativa de propiedad intelectual (centrado en la ley española) y analizo las diferentes cláusulas de un contrato para conseguir los efectos que las partes esperan.