LIECHTENSTEIN Law and Practice Contributed by: Thomas Plattner and Fabian Jenny, Ospelt & Partners Attorneys at Law Ltd.
1. Art Law Framework 1.1 Relevant Authorities and Legislation The legal framework governing art and cultural prop - erty in the Principality of Liechtenstein is defined by a combination of domestic statutes and incorporated foreign legislation. Rather than a single, comprehen - sive art law code, the system is shaped by the inter - action of private law, intellectual property regulations, and administrative rules on heritage protection. The foundational statute for private law is the Gen - eral Civil Code ( Allgemeines Bürgerliches Gesetzbu- ch , ABGB). Originating from Austrian law, the ABGB regulates obligations and the essential principles of contract law. In the art market, it forms the legal basis for sales contracts (Section 1053 ff of the ABGB) and mandate agreements (Section 1002 ff of the ABGB), both commonly used for art advisory services. It also governs general principles of damages (Sec - tion 1293 ff of the ABGB) and private autonomy. In the field of copyright, the Author–Publisher Contract ( Ver- lagsvertrag Section 1160 ff of the ABGB) also plays a significant role, as it frequently governs the contrac - tual relationship between authors or artists and their publishers or distributors. Property law is primarily regulated by the Law on Property Rights ( Sachenrecht , SR). While the ABGB contains general rules on possession, the SR provides specific provisions on the acquisition of title and the creation of security interests such as pledges over movable property. The SR is based on the Swiss Civil Code (ZGB). The coexistence of Austrian and Swiss legal influences requires careful consideration of which legal principles apply to a given issue. Specific protections for artistic works and the rights of authors are set out in the Copyright Act ( Urhe- berrechtsgesetz , URG). The preservation of cultural heritage is governed by the Cultural Goods Act ( Kul- turgütergesetz , KGG) and the Cultural Property Protec - tion Ordinance ( Kulturgüterschutzverordnung , KGSV). These statutes define the requirements for registering national heritage and outline the duties of owners of protected assets. In addition, the Persons and Com - panies Act ( Personen- und Gesellschaftsrecht , PGR)
provides a legal framework for foundations and trusts, which are frequently used to hold art collections. Liechtenstein is a party to several international con - ventions, including the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultur - al Property and the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. These international commitments are imple - mented primarily through the KGG and KGSV. Due to the 1923 Customs Treaty with Switzerland, the Swiss Federal Act on the International Transfer of Cultural Property (KGTG) also applies directly in Liechtenstein. The Office of Culture ( Amt für Kultur ) is the primary authority responsible for administering the KGG. Its duties include maintaining the Cultural Goods Regis - ter and supervising the handling of protected cultural assets. The Financial Market Authority (FMA) over - sees art market participants under the Due Diligence Act ( Sorgfaltspflichtgesetz , SPG), ensuring compli - ance with anti‑money laundering and counter‑terror - ist financing requirements. Meanwhile, the Office of National Economy ( Amt für Volkswirtschaft ) acts as the supervisory body for copyright collecting socie - ties. Copyright protection in Liechtenstein applies to intel - lectual creations in the fields of literature and art that possess an individual character (Article 2, Abs. 1, Urheberrechtsgesetz (URG) – the Swiss Copyright Act). This includes visual arts, paintings, sculptures, and photographic works. A work has the required indi - vidual character when it reflects the creative personal - ity of the author. The threshold for originality is gener - ally interpreted broadly, ensuring that a wide range of artistic expressions qualify for protection. 2. Rights to Artworks 2.1 Artists’ Rights Over Their Art The Copyright Act grants authors a bundle of exclu - sive rights, which are divided into economic and moral rights. Economic rights allow the author to determine if, when, and how their work is used (Article 10 of the URG). In particular, the author has the exclusive right
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