The copyright between the art of forgery and the forged art Cover Image
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Drepturile de autor între arta falsificării și falsificarea artei
The copyright between the art of forgery and the forged art

Author(s): Dan Ciupală
Subject(s): Law, Constitution, Jurisprudence, Fine Arts / Performing Arts, Criminal Law, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: art forgery; originality; consumer protection; deceptive business practices;

Summary/Abstract: The article attempts a brief overview of the remedies available in the current legislation to combat fraud in the art market. The approach starts from a clarification of the concept of forged art, delimiting it in the context of the main categories of legal liability, the criminal and civil one, and reviews possible approaches under the copyright and consumer protection laws. The aim was to outline an overview of the relationship between the originality of works protected by copyright law and the moral and property rights of the authors of an art work. Finally, we have approached from the perspective of deceptive business practices the relationship between art market professionals and consumer protection that arise through the award in a public auction of a work of art, which later proved to be false.

  • Issue Year: XXI/2022
  • Issue No: 4
  • Page Range: 193-197
  • Page Count: 5
  • Language: Romanian