The Legal Regulation of Art Forgery in Germany——Compared with Chinese Law
Han Chifeng
Abstract:There are both general and special understandings of art forgery in Germany.The general understanding includes the imitation of artistic works,the falsification of artistic works and art fraud.The special art forgery is consistent with foregoing art fraud that they both have nothing to do with the works of the undersigned.From the perspective of German legal application,there are two kinds of art forgery,the one having nothing to do with the works of the undersigned and the one opposite.The former is defined according to laws except German Copyright Law,while the latter is based on both German Copyright Law and the relevant provisions of German Criminal Law.Compared with Chinese law,German Copyright Law is more emphasis on work-exist as a precondition to protect authors' copyright.In addition,the regulation of art forgery relating to the works of the undersigned in Germany is more stringent than China.
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