tag:blogger.com,1999:blog-4513524515428334509.post1606592890436651369..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Is Peggy Guggenheim’s Collection a Work of Art Protected by French Copyright?Marie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4513524515428334509.post-8029364056267868742015-06-16T08:32:42.790+01:002015-06-16T08:32:42.790+01:00The Fondazione has voluto indossare tuta to Venezi...The Fondazione has voluto indossare tuta to Venezia, nell' area della convenzione di Bruxelles, sostenendo che the Fondazione è stata registrata in Italy. MA the Corte d'appello di Parigi has determinato che the Fondazione was in realtà a 'organizzazione di Stati Uniti e che pertanto, la legge applicabile ai sensi dell' articolo 4 della convenzione di Bruxelles.kinetic arthttp://edwinsgallery.com/kinetik_about.phpnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-85639487121857559382015-05-28T16:20:06.178+01:002015-05-28T16:20:06.178+01:00The Paris Court of appeals discussed the issue of ...The Paris Court of appeals discussed the issue of jurisdiction in the 1993 case, as the heirs, who live in France, had filed suit in Paris, claiming that Peggy Guggenheim’s wishes had not been respected by the Guggenheim Foundation. <br /><br />The Foundation wanted to bring the suit to Venice, under the Brussels Convention, claiming that the Foundation was registered in Italy. But the Paris Court of appeals found that the Foundation was actually an US organization, and that, therefore, the French law applied under article 4 of the Brussels Convention. <br /><br />Peggy Guggenheim gave her collection to the Foundation while alive, not by will, and so the Brussels Convention could apply to this transaction, since the donation was considered a contract.<br /><br />That said, I have not read the complaint for this case. Hopefully, the decision of the Court of Appeals will be published. Marie-Andree Weisshttps://www.blogger.com/profile/17125973798789498436noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-10282156669019188252015-05-25T23:34:20.358+01:002015-05-25T23:34:20.358+01:00Why would French law be relevant here?
Under the ...Why would French law be relevant here?<br /><br />Under the Berne Convention, the relevant law for alleged copyright is <i>lex loci protectionis</i>.<br /><br />So even if a French court were to here the case, it surely would be Italian copyright law (if any copyright law) that they would need to apply.<br /><br />Of course if this is primarily a dispute about a contract, then that is different, but then this would be a case about contract law not copyright law.Anonymousnoreply@blogger.com