the man his art On the experts Fakes & Forgeries On the market
from Born to Venice Drawings Past experts Myth and reality on his fakes The market
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on the path All the attributed works Catalogues of actual experts how to detect a fake Galleries & Museums
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The myth Exhibitions until today News on the experts Art Historians, a trustable source? News on the market
Selected bibliography on him News on his art References and Bibliography on the experts references on fakes & forgeries references & links on the market


What is Droit Morale?.

I do not pretend to make you sleep with this page, so if you want to read all the legal stuff, click here>>

Here is a brief resume on what that means and what it may imply:

IN AMERICA (U.S.A.):

  • Droit morale refers to limited moral rights on works of visual art created on or after June 1, 1991.
  • Moral rights are retained by an author.
  • In fact, moral rights cannot be assigned to anyone else by the author.
  • Limited to his life time.
(In conclusion when the artist die. his moral rights are expired, so his son will have to do something to live of...)
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IN EUROPE (FRANCE IS THE MOST PARTICULAR ONE):

  • Droit morale refers to moral rights on works of visual art.
  • Moral rights are retained by an author.
  • Economic rights allow the author and his heritage to be paid for each use of his work.
  • It gives the exclusive choice for publication, reproduction, adaptation, care, honor, respect.
  • While living and for a period of 70 years after the author's death.
(In conclusion when the artist die, his moral rights sURVIVE HIM the next 70 years so his sons-nieces can live from grandpa...)

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  • In france an author has the right to request his work to be be withdrawn from circulation.
    (Only the living artist and he has to compensate the involved ones to do it.)
  • If the author is alive it includes the right to claim authorship of the work.
    (Only the artist, not his sons, niece, grand niece, uncles, friends, etc...)
  • In France, Moral rights were perpetual and inalienable: an author can not sell them (were inherited by perpetual, just as if it were a nobility title).
  • Until 1988 they never expired and it is impossible to waiver or lend them to third party.
  • In 1998 the CEE reach an agreement to make them expire after 70 years of the author´s death and France had to accept it.

    (attribution, expertises, hide documentation or something similar? where is in the law?)

This means that every time you display in public a Painting by Picasso In France (as example) you have to do the next:

1.- Ask for permission first, even if the painting is your property.
2.- Pay the owners of his moral right for displaying since they charge to see it.
3.- Pay the owners to reproduce it in the catalogue, even if you are the photo owner.
4.- Ask them to accept your catalogue entries, they own also the story.

NICE CRAP DON'T YOU THINK ??


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OK, LETS FACE IT AND ACCEP IT, SINCE IT'S "LAW"...

But in real world it should also imply something in exchange since ART is one of the main gifted stuff with public money, using the phrase:
"it belongs to human kind" and "NATIONAL CULTURAL HERITAGE ISSUE".


TO USE YOUR RIGHTS MEANS ALSO ACCEPTING OBLIGATIONS.

DON'T YOU THINK THEY SHOULD AT LEAST:

1.- Pay for the electricity to light up the painting (correct display).
2.- Pay for the insurance (correct care).
3.- Pay all the security expenses where it will be displayed (correct care).
4.- Pay the photographer (correct reproduction).
5.- Pay the printing of the book (correct reproduction).
6.- Pay the art writer (correct adaptation and honor).
And we can go on and on....

Hey they should do it, they receive public money and the author is so important that belongs to human kind and is a "national cultural heritage issue"....

Why do we have to dedicate public money that can be needed in health, security, and many other possible uses to maintain a public museum as the Picasso Museum in Paris, the law should make the owners of the rights (the paintings belong to french nation) to pay for all the expenses since they are the "VIRTUAL OWNERS".
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Some curious cases of the moral rights... CLICK HERE TO READ
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