Veronica Constantinescu⁕

Abstract
Debates on what can and cannot be considered a work of art are extensive and have been held in various fields. While within the art world, a work of art receives its status after undergoing an aesthetic analysis, from a legal standpoint a work of art is protected, if it meets a series of condition. As an aesthetic analysis does not offer sufficient assurance as to its objectivity, it became necessary to find some criteria to which legal protection it will be related, while ensuring it would not arbitrarily exclude products of artistic creation. In an attempt to balance the freedom of creation and cultural values, legislator preferred to leave it up to doctrine and courts in determining the necessary conditions and their content for a work to fall under the protective area of the law, with the exception of originality, which is legislated distinctly. The present study seeks to establish whether the current regulation of the field has achieved its purpose and the effects of lack of it in the case of particular aspects, with reference to
works of visual art.

⁕ Avocat colaborator în cadrul Cabinetului de avocat Dragoş Romila. E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..