EXPORTING AND IMPORTING DIGITAL CULTURAL GOODS: EU LAW AND THE DIGITAL REVOLUTION

• Authors: Biczysko-Pudełko Katarzyna , Stec Piotr
• Languages of publication: EN

Abstracts

EN

The digitisation of the art world and international markets has thrust lawyers into a paradox. They find themselves navigating the uncharted territory of non-fungible tokens (NFTs), cryptocurrencies and blockchains with tools designed in the twentieth century for a nineteenth-century model of the art trade. This paradox begs the question: can we sustain this model, or do we need to update our legal rules relating to export, import, trade restrictions and restitution to match the digital era? The principal question to be answered is whether EU law is, in this respect, fit for purpose? The import and export regulations and the cultural goods return directive were created with tangible objects in mind. As such, their applicability to objects that do not have a physical domicile is at least problematic. What is also important is that EU art trade laws serve two different purposes: the protection of the Member States’ national treasures and the protection of the EU market from illicit activities ranging from money laundering to terrorism financing. The prima facie answer to the principal question will differ in each of these two cases: it seems that the EU fails to grant adequate protection to intangible national treasures while at the same time dealing reasonably well with the security dimension.

Keywords

EN

DIGITAL CULTURAL GOODS; BLOCKCHAIN; EU LAW; EXPOR; IMPORT

• Publisher: Muzeológia a kultúrne dedičstvo, o.z.
• Journal: Muzeológia a kultúrne dedičstvo
• Year: 2025
• Volume: 13
• Issue: 3
• Pages: 19 – 37

Contributors

author

Biczysko-Pudełko Katarzyna

• University of Opole, Institute of Law, Katowicka 87a, 45-060 Opole, Poland

• https://orcid.org/0000-0002-4724-1851

author

Stec Piotr

• https://orcid.org/0000-0003-3797-1321

Identifiers

DOI

10.46284/mkd.2025.13.3.2