National and International Cultural Heritage and Entertainment Law
PROF. STEFANO LOMBARDI; PROF. FRANCESCO FLORIAN; PROF. MAURIZIO FRITTELLI.
COURSE AIMS
The course will provide an institutional and administrative overview of national
and international law applicable to cultural heritage, including cultural activities,
museums and entertainment, having regard to public and private law as well as the
Cultural Heritage and Landscape Code. All within the widest context of European
legislation, comparing and contrasting the Italian experience with that of some
other EU Member States. The main issues will also be illustrated through
examining practical cases.
As a result of this approach the course is divided into a common general part and
two specialist parts, the first of which devoted to the world of museums and
exhibitions and the second to the live entertainment sphere.
COURSE CONTENT
COMMON GENERAL PART: Prof. Stefano Lombardi
Definition of public law bodies. Government functions within the constitutional
framework and the Cultural Heritage Code. Aspects of the definition of legal
personality under public law and private law.
1. Cultural heritage in a constitutional framework.
– Constitutional principles governing cultural heritage.
– Public administration in the Constitution.
2. Local Authorities Code (Legislative Decree No. 267/2000). And the main
competencies of local authorities in the cultural heritage field.
– Local government.
– Municipalities.
– Regions.
– Special enterprises.
3. Central government with special reference to its competencies in the cultural
heritage field.
– Prime Minister’s Office.
– Ministries.
– Decentralised government agencies.
4. The authorisation system: licenses, concessions, authorisations and further
similar administrative acts.
5. Concept of public tendering in valuing public cultural heritage.
FOR
STUDENTS MAJORING IN
EXHIBITIONS:
ECONOMICS
AND THE
MANAGEMENT
OF MUSEUMS AND
Prof. Francesco Florian
N.B.: Knowledge of Italian legislation on cultural heritage is a prerequisite.
Students who are not familiar with that legislation should contact the professor.
1. Aspects of cultural heritage legislation: general principles, protection,
conservation, enhancement and management.
2. The legal principles in Book I of the Civil Code connected to legislation on
cultural heritage, museums and expositions: associations, committees and
foundations. Foundations and the Ministry for Cultural Heritage (MIBAC) and
local authorities in particular.
3. The legal principles in Book V of the Civil Code connected to legislation on
cultural heritage, museums and expositions: partnerships and companies.
4. Interaction between principles in Book I and Book V of the Civil Code.
Heterogeneous transformations.
5. The trust: a concept applicable to the protection and managment of cultural
heritage. Public trust and private trust: applications and critical issues.
6. Private international law and international law on non-profit organisations. The
circulation of cultural heritage internationally.
FOR
STUDENTS MAJORING IN
BUSINESSES AND SHOWS:
ECONOMICS
AND THE
MANAGEMENT
OF ENTERTAINMENT
Prof. Maurizio Frittelli
1. For-profit and non-profit and their function in the entertainment world. Public
and private roles.
2. Employment contracts in the entertainment world. The general principles of
labour law. Employer-employee relationships. Self-employment. Quasi selfemployment: in particular from client-coordinated contracts for services to
project-related contracts for services. Casual work. Social security aspects and
the former ENPALS (specific social security body for entertainment workers
and professional sports persons).
3. Intellectual works and copyright in entertainment. The principles. Economic
exploitation. Moral rights and Anglo-American copyright. Neighbouring rights:
in particular, the specific figures of interpreter and performer. Italian copyright
collection society (SIAE).
4. Contracts in the entertainment world. Classification and function. Essential
elements. In particular: agency, contracts for works and services, sponsorship
and donations, and merchandising.
READING LIST
All of the presentations published on the website and supplemented by the following
textbooks for the topics/articles referred to in the slides.
The course textbook will be specified at the beginning of the course.
Common Part
A. M. SANDULLI, Manuale di diritto amministrativo, Jovene.
P. VIRGA, Manuale di diritto amministrativo, Giuffrè.
L. PALADIN, Manuale di diritto Costituzionale, Cedam.
The texts of the laws referred to during the course will be made available by the lecturer.
Major in Economics and the Management of Museums and Exhibitions
Parts 1 and 6:
Marco Cammelli (ed.), Il Codice Beni culturali e del paesaggio, Il Mulino, 2007, new
edition (red cover) or F. Florian (ed.), Compendio di legislazione beni culturali,
EDUCatt.
Parts 2 and 3:
Any textbook of the student’s choosing on Istituzioni di diritto privato, Libri I e V c.c.,
(including commented codes).
Parts 4 and 5:
M. MACALLI, Gestione dei beni culturali e trust, EDUCatt, 2014.
Part 6:
T. BALLARINO (ed.), Diritto Internazionale Privato, Naples, latest edition.
Major in Economics and the Management of Entertainment Businesses and Shows
ARGANO-C. BRIZZI-M. FRITTELLI-G. MARINELLI, L’impresa di spettacolo dal vivo, Officina Edizioni,
pagg. 52-79.
A. C. DE ROSA, Il Rapporto di Lavoro nello Spettacolo, Giuffrè.
G. JARACH-A. POIAGHI, Manuale del Diritto di Autore, Mursia.
NOTES
Further information can be found on the lecturer's webpage at
http://docenti.unicatt.it/web/searchByName.do?language=ENG or on the Faculty notice
board.