IL GIORNALE DELL’ARTE published Beatrice Zagato’s article “A PRIVILEGE OF ART: IT CAN BE DREADFUL”, year XXXIII, September 2015, Allemandi Editore, Turin.
Art needs a legal structure to surround it, pursuant to the principle contained in Article 33 of the Italian Constitution and Article 13 of EU Charter of Fundamental Rights, aimed at regulating both the moment of production – and therefore the initial artistic expression, connected to that creative action leading to the production of an asset (material or non-material) becoming a work of art (the “ontological” or “internal” aspect of art law) – and the period following such production, which instead relates to art’s traceability, proof and commerce, closely connected to the economic profile of art (the “external” aspect of art law). The absence of either of these aspects brings about the failure of protection, as they are inextricably connected on a practical level (even more so today, considering the ephemeral, conceptual and immaterial trend of some contemporary art, which, in order to give proof of its existence, and therefore to become eligible for protection, requires instruments that can ensure its production took place, as well as can verify its authenticity).
[…] Art encourages reflection, creation, transgression, and that is already sufficient per se. Perhaps stimulation, an idea, an ideal is all that art is, and its function should be to pursue such stimulation, idea, ideal. On the other hand, believing that one has finally succeeded in conceptualising art, means not loving it and means failing to understand it. It would be like claiming to be able to explain what faith is and what it means to have faith. But in this way, how can one obtain “common data” from the behaviour of a group of people belonging to a certain faith, and use this data to try to regulate the external aspect of such behaviour, the same process could be applied to art. And this is what must be asked of the law.