Alicante Town Hall fined for infringement of sculptor´s rights

 

The Provincial Court of Alicante has issued a judgment, that the owner of a sculpture is liable for the `infringement of the moral right of its sculptor´.

A coastal town in the province commissioned a piece from the sculptor in question in 1988, entitled "Monumento al Pescador", intended to celebrate the local heritage and industry.

As originally intended half of the sculpture - representing the fisherman - was located on the beach, whilst the other half - representing his boat - was located further down the beach and in shallow water.

However, in the early 2000´s the beach underwent regeneration and as such the sculptures were moved, leaving the `boat´ surrounded by sand, and not by water as intended.

The Provincial Court ruled that the Town Hall was liable for infringement of the sculptor´s moral rights, for two reasons:

1.) For breach of its obligation to maintain the work, both as owner of the sculpture, and as a public body required to look after the artistic heritage of the municipality.

2.) For breach of its obligation to safeguard the artistic conception and uniqueness of the sculpture, and failing to inform the Ministry of Environment and the sculptor about the impact that the regeneration project was going to have on the work.

The Court rejected the sculptor's request that the Town Hall remove the sand and to place the "boat" back in the sea as originally intended, ruling that there was a public interest in the regeneration project that outweighed the sculptor's moral right. However, the court ordered the Town Hall to:

- Repair all the damaged parts of the "boat", as well as the light beam which shines between the two pieces of the sculpture at night.

- Compensate the sculptor for moral damages in the sum of €11,287.67.

- Publish, at its expense, the ruling of the judgment in a national newspaper as well as in a national art and/or sculpture-specialised magazine.