A discussion of aesthetics seems out of place in reference to a statute like VARA that purports to protect artwork whether “beautiful” or “ugly.” On the other hand, value judgments are certainly present in the statute. First, the Act only protects works of “visual art” and excludes audiovisual and other mixed-media works. Additionally, the Courts have also excluded works for hire no matter the media and site-specific art. By privileging the protection of traditional forms of art over more modern expressions, the Courts and drafters of the Act are inherently making value judgments about what is and is not worthy of protection. Second, the Act protects works of “recognized stature” from destruction and mutilation. What constitutes recognized stature is undoubtedly a subjective judgment. Thus, these provisions suggest that VARA adopts a subjective aesthetic theory.