A Pragmatic Approach to the Identity of Works of Art

The “identity” of works of art is what makes two instances or performances the same work. Philosophers have tried to account for identity by appealing to notational systems, production histories, cultural context, or some combination of those factors. None of these approaches has been accepted as adequately accounting for the ways in which identity is actually understood in the art world, by artists, performers, composers, choreographers, audiences, historians, and critics. I propose that the identity of works of art be understood pragmatically as ways of talking and acting by the various communities of the art world.1 These are informed by notational systems, production histories, and so forth. But those approaches have been unsatisfactory.2 A pragmatic approach centers on how identity is understood by various communities through ongoing deliberative and decision-making practices,3 characterized in turn by rejection of essences and emphasis on pluralism, experience, and community. I fi rst sketch what I understand by “art world communities” and what it means for those communities to determine the identity of works of art as “ways of talking and acting.” I next outline additional elements of this approach to identity, consistent with the twentieth-century tradition of pragmatism. Next I show how a pragmatic approach explains examples in identity, including practices in copyright infringement. I then consider a recent controversy that drew the attention of several overlapping communities in art and the law. Finally, I consider problems and challenges for this approach to identity.