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RIDA 208 | 04-2006

Doctrine

The sale and purchase of a work of art in spanich law

ROMAN, Fernando

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Début de l'article :

A person who acquires the original of a work of visual art, through purchase or any other title, does not enjoy full and absolute ownership of the movable property (a painting, for example) as a result of that title alone. His or her property right is subject to various limitations or encumbrances established by law. The legislation on copyright confers on artists a monopoly or exclusive right of exploitation, even when the original artwork has been sold, thus preventing the owner from obtaining any form of revenue. The restrictions on the possibilities of enjoying and making use of the property right are almost total. In addition, the owner must exercise a certain duty of care concerning the preservation and location of the purchased artwork in consideration of the artist’s moral right. The owner’s position thus appears rather weak and precarious, leading us to ponder whether anyone other than the artist may really enjoy ownership of a true property right in the original of a work of art.