ARTE E DIRITTO IN DIALOGO: LA PERFORMANCE ARTISTICA

The interest of the jurist for the art originates from the need to trace the legal form of artistic forms and of their circulation. This is the purpose of the dialogue mentioned in the title of this work. The latter explores the relationship between artistic performance and law, highlighting two needs: i) to define the meaning of the first; ii) to identify its legal form. These two needs are addressed by the Author, which starts from the analysis of the art form at issue to put it in dialogue with copyright law and private law. This dialogue is aimed at underlining how the discipline of copyright, beyond the questions it raises for the recognition of artistic performance as an intellectual work, does not succeed in “reading” the dynamism by which artistic performance is expressed. This aim can be overcome, instead, through the law of obligations. This one manages, indeed, to offer complete legal form to the artistic performance, considering it as an activity exercised by a human being.