Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2018 The Public Trust in Public Art: Property Law's Case Against Private Hoarding of “Public” Art Hope M. Babcock Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2139 50 Conn. L. Rev. 641. This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Intellectual Property Law Commons, and the Law and Society Commons CONNECTICUT LAW REVIEW VOLUME 50 AUGUST 2018 NUMBER 3 Article The Public Trust in Public Art: Property Law’s Case against Private Hoarding of “Public” Art HOPE M. BABCOCK Private hoarding of important works of art is a phenomenon that has caused their disappearance from public view. The loss of this art undermines republican values like education, community, and citizenship, and therefore should be resisted. This Article explores various legal tools to prevent this from happening, including doctrines and laws that protect artists’ rights in their work, but which offer the public little relief. Turning to two well-known common-law doctrines—public dedication and public trust—to see whether they might provide a solution, the author favors the latter because it is nimbler and better suited to the public nature of important works of art. But she recognizes that making viable use of the public trust doctrine requires enhancement with incentives, such as those offered by listing the art on a register, the tax code, and external norms of social behavior.