Sergio Alberto Gramitto Ricci
Volume 76, Issue 5, 1429-1458
Artwork is unique and irreplaceable. It is signifier and signified. The signified of a work of art is its coherent purpose. But the signified of a work of art can be altered when not protected. The ramifications of unduly altering the signified of a work of art are consequential for both living and future generations. While the law provides protection to artists and art owners, it fails to grant rights to works of art themselves. The current legal paradigm, designed around the interest of owners and artists, also falls short of protecting Indigenous art aimed at conserving traditions and cultural identity, rather than monetizing creativity. This Article provides a theoretical framework for recognizing legal personhood for works of art, in the interests of art in and of itself as well as of current and future generations of human beings. This new paradigm protects artwork through the features of legal personhood. Legal personhood for artwork prioritizes the protection of art in and of itself and enhances intergenerational equity.