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Germany Walks Back On Proposed Cultural Property Law

Posted by Nicholas O'Donnell on July 16, 2015 at 7:00 AM

After sharp criticism of the proposed strengthening of Germany’s cultural property and heritage protection law, German Minister of Culture Monika Grütters told Die Welt yesterday that she is reevaluating the proposal.

The revised text removed completely the provision concerning territorial inviolability, and promises to refine further the definition of what is cultural property, and what is not (perhaps prompted by the discussion that an Andy Warhol painting, for example, might nonetheless somehow be declared to be German cultural property).

In addition, lenders will have an opt-out clause, which would allow them to decide for themselves whether they want the classification of their permanent loans as national treasures or not.

Further, the previous suggestion that works more than 50 years old and worth at least €150,000 would be revised to 70 years and €300,000, respectively.

Perhaps most constructively, Grütters’s revised proposal invites comment and contribution on what, exactly, is worthy of cultural property protection.

Topics: Legislation, cultural property, Germany, Bundesländer, Museums, Monika Grütters

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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