ArticoliDiritto dell'Arte

The contemporary artwork and restoration legal highlights


1. Introduction. – 2. Legal nature of restoration. – 3. Artist’s rights. – 4. Proprietor’s rights. – 5. The artwork evaluation. – 6. Art galleries relationships. – 7. Final considerations.

1. Introduction

This article originates from a conceptual challenge and from a legal challenge.

The conceptual challenge refers to how identifying the main characters’ role when dealing with contemporary artwork: on one hand, the artist who creates or modifies it; on the other hand, the artwork itself, in constant evolution, also after being created. Contemporary art, as a matter of fact, appears as a torsion of the usual categories: not only the classical, such as painting, sculpture, opera…; but innovative categories appear: sculpted pictures, painted sculptures, performances, fractals , developing without a defined limit.

The other challenge refers to the law and its relations with contemporary art, i.e. the capacity of the former to comprehend new forms of expressions, conceptual and abstract, providing protection and rights in order to protect the artistic world’s main characters, granting rules to administrate the relationships involved.

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