Paul Popovici*

Abstract

Brancusi’s impact on the art was a major one, and the lawsuit against the United States strengthened his reputation and influenced the American law and jurisprudence. However, this was not the only lawsuit related tot he sculptor’s artistic creation, and not the only one bearing consequences generated by the opposability of the court decisions. A legal text (which was meanwhile modified!) allowed the rights to the image of Brancusi’s works to pass from the public domain to the private domain until 2028, with all the specific consequences. Although the facts and deeds are clear, in the sense that there was not even an intention in this regard, another controversy regarding Brancusi has been ignited in the media: the refusal of the artist’s donation/ testimony in favor of the Romanian state. Beyond the legal issues – or precisely in relation to them – the legacy of his genius exceeds the limits of the law by far.

* Conf. univ. dr.; avocat, Baroul Arad; e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..