The Role of Intellectual Property in Supporting Exclusive Exploitation and Protection of Artistic Works with an Approach to Cultural Heritage

Every artistic work is a creative mental construct embodying beauty, capable of influencing those who perceive its message. Such works originate in the mind, are externalized, and fixed in a tangible form, making them reproducible and distributable. At the same time, these works may reflect the culture or historical heritage of a society, holding significance for its people. Given these dimensions, several questions arise regarding artistic works: First, under which legal framework does the externalization of artistic expression fall? Second, once a mental creation is externalized and fixed in a physical medium, how is it protected against infringement? Third, which economic rights does the legal system safeguard? Finally, on what basis does the legal system preserve artistic works, preventing their loss, destruction, or decay? 
These questions can be categorized into three groups: (1) The legal system’s perspective on the expression of mental creations, which relates to the institution of free speech and its limits; (2) How the legal system provides moral and economic protection for the work, recognizing exclusive economic rights; and (3) What measures are taken to ensure the preservation and survival of the work. This article focuses on the third question, which itself has multiple facets, aiming to examine how artistic works are safeguarded. 
While intellectual property (IP) systems are designed to protect artists' economic interests and the moral integrity of their works, a broader cultural and civilizational question remains:  Why should an artistic work be preserved, and how can its loss or decay be prevented?  Two key arguments emerge here: First, IP protection inherently creates a foundation for preservation; second, expanding IP discourse extends rights from individuals to groups or communities sharing a cultural heritage. Additionally, alternative legal bases for preservation beyond IP must be explored. 
Using an analytical methodology and theoretical frameworks, this article seeks to bridge the connection between  protection  (legal safeguards) and  preservation  (cultural conservation). It analyzes the role of IP in both exploitation and preservation, explores conceptual and structural expansions of IP, and identifies complementary foundations for safeguarding artistic works. The author argues that while IP is fundamentally designed for protection and exploitation—not preservation—it indirectly contributes to preservation. However, IP alone is insufficient; preserving artistic works requires supplementary legal and cultural foundations.