B5360 - Arts Law and Digital Transformation (1) (LM)

Conoscenze e abilità da conseguire

Students are expected to obtain the fundamental knowledge of what Cultural Heritage is under a legal perspective, discussing the challenge the idea of Arts and Culture pose for any regulation, especially in a democratic system. Through the study of International and European legislation, the students analyse the concept of material, immaterial and digital heritage, the essential tools of protection and enhancement of cultural goods. The students also are expected to have a proper and critical understanding of Cultural Activities, and what are the main measures for their promotion. In the second and third parts of this course, students study how the digital technologies have impacted on 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 Complex Relationship

• What is culture?

• The Evolution of the Concept 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 the Relationship between Copyright Law and Art Law

• The Types of Cultural Heritage

• From Protection to Promotion

• Cultural Heritage and Its International Protection

1.2 International Policies for the Protection of Cultural Heritage: UNESCO and the European Union

• The Origins and Governing Bodies of UNESCO

• UNESCO's Legal Sources

• The UNESCO Constitution

• The Convention Concerning the Protection of the World Cultural and Natural Heritage

• Criteria for the World Heritage List

• The Convention for the Safeguarding of Intangible Cultural Heritage

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

• Toward a Cultural Heritage Law for Humankind?

• Cultural Heritage in the European Union

• The Role of the European Commission in 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 Technologies

• ICTs as a Challenge to Legal Principles, Methods, and Techniques

• Technological Convergence

• The Internet as a Possible Legal Object

• UN, EU, and Italian Approaches to Internet and ICT Regulation

• Regulation of Access to the Internet

• Regulation Within the Internet

2.2 “Digital” Rights

• The Digital Divide: Definition, Tools, and Perspectives

• Different Legal Approaches to Address the Digital Divide

• Theories for Possible Regulation Within the Internet

2.3 Legal Systems and the Challenges of the Digital Market

• Net Neutrality

• The Case of Big Data

• Artificial Intelligence and Algorithms

 

PART 3. DIGITIZING CULTURAL HERITAGE

• What Is a Digital Good?

• Theories, Challenges, and Practices in the Digitization of Cultural Heritage

• The 2003 UNESCO Charter on the Preservation of Digital Heritage

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

This section will also include meetings with experts and professionals from libraries, museums, and various cultural institutions.

Students with Specific Learning Disorders (SLD) or Temporary/Permanent Disabilities
It is recommended that they contact, as soon as possible, the relevant University Office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ) and the course instructor in order to jointly identify the most effective strategies for attending classes and/or preparing for the examination

Testi/Bibliografia

At the end of each part of the course, the slides presented during the lectures will be made available on the Virtuale platform. These slides constitute the primary study material for the topics covered in this class.

On Virtuale, a selection of academic essays will also be provided. Each student is required to choose one essay from this selection to study and critically analyze. The critical review of the selected essay will form a component of the final examination.

 

Additional Resources / Documents available on Virtuale

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

Recommended Readings:

• 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., & 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=9780521865500 ]

• Battini, 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., & 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 the Digital Era: Concept, Practice, and Development. [Available at: http://www.ijcim.th.org/past_editions/2002V10N2/article1.pdf ]

• Torres, L., Pina, V., & 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., & 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 consist of professor-led classes designed to encourage the widest possible student participation

 

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 of three questions covering different parts of the course, to be answered in a maximum of two pages. One of the questions will always be a critical review of the essay selected from those provided on Virtuale.

Due to limited seating capacity in the exam room, students will be divided into shifts and called in alphabetical order to avoid waiting outside. The assigned shift for each student will be communicated via email shortly before the exam date.

 

2. ORAL EXAM: Students who pass the written exam may request to take an oral exam in order to improve their final grade. Such requests must be sent to dar.didatticadonati@unibo.it within 48 hours of the publication of the written exam results.

The date for the oral exam will be communicated as soon as possible.

If no request for the oral exam is submitted within five days, the written exam grade will be automatically recorded as the final evaluation.

 

Students with Specific Learning Disabilities (SLD) or Temporary/Permanent Disabilities:
Students requiring accommodations should contact the relevant University office well in advance (https://site.unibo.it/studenti-con-disabilita-e-dsa/en ). The office will propose appropriate adjustments, which must be submitted to the lecturer at least 15 days before the exam. The lecturer will evaluate the suitability of these accommodations in relation to the learning objectives of the course.

Strumenti a supporto della didattica

Further course materials will be available on Virtuale.

Orario di ricevimento

Consulta il sito web di Daniele Donati