B5629 - ARTS LAW IN THE DIGITAL TRANSFORMATION

Conoscenze e abilità da conseguire

The Student is expected to obtain a fundamental understanding of what Cultural Heritage is under a legal perspective, discussing the challenge that the idea of Arts and Culture poses for any regulation, especially in a democratic system. Through the study of International and European legislation, the student will analyse the concept of material, immaterial and digital heritage, and the essential tools for the protection and enhancement of cultural goods. The student will also have a proper understanding of Cultural Activities, and what are the leading measures for their promotion. The student will analyse how the digital technologies have impacted on our legal systems, and how they have transformed and can foster all the mentioned policies for Culture and Arts.

Contenuti

PART 1. ARTS&LAW

1.1 Culture, Arts and Law: a difficult relationship

What is culture?

Evolution of the conception of culture

Models of public intervention in the cultural sector

Pluralism and cultural industries

The challenge of the contemporary

Is a definition of Cultural Heritage possible?

The problem of contemporary art or copyright law and arts law

The types of Cultural Heritage

From protection to promotion

Cultural Heritage and its international protection

1.2 International policies for Cultural Heritage protection: UNESCO and European Union protection

UNESCO origins and governing bodies

UNESCO legal sources

The UNESCO Constitution

The Convention concerning the Protection of the World Cultural Heritage

The Criteria for the World Heritage List

The Convention on Intangible Cultural Property

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions

Toward a cultural heritage law for a mankind?

Cultural Heritage in the European Union

The role of European Commission on Cultural Heritage

The European Union Work Plan for Culture

The European framework for action on Cultural Heritage. Principles and pillars.

 

PART 2. Law and Digital Technologies

2.1 The legal approach to new tecnologies

ICTs as a challenge to legal principles, method and technique

Technological convergence

The Net as a possible juridical object

UN, EU and Italian approaches to Internet and ICT regulation

Regulation for accessing the net

Regulation inside the net

2.2 The “digital” rights

Digital divide. Definition. Tools. Perspectives

Different legal approaches to contrast the divide

Theories for a possible regulation inside the Net

2.3 Legal system and digital market challenges

Net Neutrality

The case of Big Data

Artificial Intelligence and Algorithms

 

PART 3. Digitalizing Cultural Heritage

What is a digital good?

Theories, problems and praxis for a digitalization of Cultural Heritage

2003 UNESCO Charter for the preservation of Digital Heritage

2011 EU Recommendation on the Digitisation and Online Accessibility of Cultural Material and Digital Preservation

 

This part will also be analyzed through meetings with experts and professionals from libraries, museums and different cultural institutions

Students with SLD or temporary or permanent disabilities. It is suggested that they get in touch as soon as possible with the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) and with the lecturer in order to seek together the most effective strategies for following the lessons and/or preparing for the examination.

Testi/Bibliografia

At the end of each part, the slides projected during the lessons will be distributed through the platform Virtuale. These slides are the main studying material for the subjects of this class.

On Virtuale will be provided a number of essays among which each student has to choose one to study and analyse critically. The review of this essay will be part of the final exam.

Further useful material/docs

Part 1
UNESCO Constitution

UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage

2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage

2005 UNESCO Convention on the Protection and Promotion of the diversity of cultural expressions

UNESCO Charter on the Preservation of the Digital Heritage

UNESCO Operational Guidelines for the Implementation of the World Heritage Convention 2021

European Union Framework for Action on Cultural Heritage

Zacharias, D (2010). The UNESCO Regime for the Protection of World Heritage. (available at: https://www.cambridge.org/core/journals/german-law-journal/article/unesco-regime-for-the-protection-of-world-heritage-as-prototype-of-an-autonomygaining-international-institution/66834CFD142FF65CA9CCD1EAC3432E4C)

Nafziger, J, Kirkwood, R and Dundes, A (2010). Cultural law: international, comparative, and indigenous. (available at: https://www.cambridge.org/it/academic/subjects/law/comparative-law/cultural-law-international-comparative-and-indigenous?format=HB&isbn=9780521865500Battini, S (2015). The Procedural Side of Legal Globalization: The Case of the World Heritage Convention. Jean Monnet Working Paper 18/10

Part 2

Hague, B and Loader, B (1999). Digital Democracy: Discourse and Decision Making in the Information Age. (available at: https://books.google.it/books/about/Digital_Democracy.html?id=7SQrN0tt3ZIC&redir_esc=y)

Fang, Z (2002). E-Government in Digital Era:
Concept, Practice, and Development. (available at: http://www.ijcim.th.org/past_editions/2002V10N2/article1.pdf)

Torres, L, Pina, V and Royo, S (2005). E‐government and the transformation of public administrations in EU countries: Beyond NPM or just a second wave of reforms?. (available at: https://www.researchgate.net/publication/28104721_E-government_and_the_transformation_of_public_administrations_in_EU_countries_Beyond_NPM_or_just_a_second_wave_of_reforms)

Palvia, S and Sharma S (2006). E-Government and E-Governance: Definitions/Domain Framework and Status around the World. (available at: https://www.academia.edu/6283380/E_Government_and_E_Governance_Definitions_Domain_Framework_and_Status_around_the_World)

Metodi didattici

The course will be based on taught classes.

Restricted places for incoming exchange students:

Places for incoming exchange students in this teaching activity are limited and are primarily reserved to students enrolled in art related programmes at their home university. To check availability, please write to amac@unibo.it

Modalità di verifica e valutazione dell'apprendimento

1. WRITTEN EXAM: the written exam consists in 3 questions on the different parts of the course, to be answered in max. 2 pages. One of the questions is always a review of the essay chosen among those distributed on Virtuale.

The number of seats in the exam room is limited, so – for not letting you wait outside- students will be divided and called in shifts following the alphabetical order. The shift for each student will be communicated by e-mail shortly before the exam date.

2. ORAL EXAM: If a student passes the written exam, he/she can ask to have an oral exam to try to improve the final grade.
In this case he/she has to send a request to dar.didatticadonati@unibo.it in 48 hours by the publication of the written exam evaluation.

A date for the oral exam will be communicated asap.

If the student does not ask for the oral exam in 5 days the evaluation will be automatically recorded.

 

Students with SLD or temporary or permanent disabilities. It is necessary to contact the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) with ample time in advance: the office will propose some adjustments, which must in any case be submitted 15 days in advance to the lecturer, who will assess the appropriateness of these in relation to the teaching objectives.

Strumenti a supporto della didattica

Further course materials will be available on “virtuale”.

Orario di ricevimento

Consulta il sito web di Daniele Donati