From Canvas to Courtroom: Exploring Legal Protection for Visual Art, Artists and Cultural Heritage

This dissertation explores the complex relationship between art and law, focusing on how visual art, artists, and cultural heritage are protected or sometimes undermined by legal systems. Art is a powerful expression of the human experience, crossing boundaries of time, culture, and geography. However, behind every work of art lies a network of legal considerations that affect how art is created, shared, protected, and preserved. The study begins by examining the various definitions of art—traditional, modern, and contemporary—and the ongoing challenges in legally defining what art is. It then investigates the rights that artists hold, such as the right to be recognized, to protect the integrity of their work, and to earn financially from their creations. By comparing legal frameworks in countries like France, Italy, Germany, the UK, and the US, the research highlights significant differences in how these rights are recognized and enforced. Case studies illustrate the real-world impact of these legal distinctions, often leading to disputes that shape the future of art law. The dissertation also looks at the protection of cultural heritage, especially in the face of crimes such as theft, smuggling, and vandalism. Art is not just a commercial product; it represents a vital part of our collective history, and safeguarding it is crucial. International agreements like the UNESCO World Heritage Convention and The Hague Convention play key roles in protecting art, particularly during times of conflict. Yet, as the study shows, these legal protections often fall short, leaving cultural heritage vulnerable. Additionally, the research addresses the use of art in money laundering, revealing the legal challenges involved in preventing such activities. These issues highlight the need for stronger regulations and international cooperation. This dissertation ultimately calls for a more comprehensive and flexible legal approach that balances artists' rights with the need to protect cultural heritage. It emphasizes the importance of international collaboration to ensure that art, in all its forms, is preserved for future generations. By examining the dynamic relationship between art and the law, this research sheds light on the ongoing struggle to protect the world’s artistic and cultural legacy.