Quando l’artista disconosce la propria opera d’arte: ricadute e implicazioni giuridiche

Installations that should be reactivated, art-works made with materials that degrade rapidly or constantly evolving: many of the new expressions of contemporary art have made more complex the relationship between the artist and the artwork. So that the artist is called upon to intervene constantly on his creation.What should be the assumptions to activate the action to protect the integrity of the work if the artist has predicted that the work should change over time? What new legal basis for the denial statement in case of ephemeral and in-becoming creation if the artwork is improperly preserved or reactivated? And, on the other hand, what are the limits of the owner’s right to protect the identity and integrity of the work initially purchased or to destroy the work which wants to get rid?Protection of the integrity, guarantee of authenticity, right to disregard and right of destruction: it is outlined a new relationship between copyright and ownership’ rights, where the real property right seems to mitigate its characteristic of absoluteness in the face of survival most significant intake artist’s creative.It comes from this reality the necessity of redefining the principles and the criteria of the protection for artworks of contemporary art. Necessary an adjustment of the notion of safeguard, integrity, authenticity, conservation and restoration is needed.

Keywords: Protection of the integrity of the work of art, Disregarding the work of art, Authenticity certificate

Alessandra Donati, Quando l’artista disconosce la propria opera d’arte: ricadute e implicazioni giuridiche in "ECONOMIA E DIRITTO DEL TERZIARIO" 1/2017, pp , DOI: 10.3280/edt1-2017oa5145