I propose that the identity of works of art be understood pragmatically as ways of talking and acting by the community of the art world. These ways of talking and acting are informed by notational systems, as well as production histories and cultural histories. But those approaches alone have been unsatisfactory. The pragmatic approach best explains how communities actually function in determining the identity of art works. These communities include overlapping communities of audiences, performers, composers, choreographers, painters, critics, historians, and so forth. A specialized art community which also can best be understood according to these pragmatic principles is the art-legal community determining copyright infringement. In this legal context, the community reaching agreement about identity with regard to a particular work is the jury of lay observers. Notation (along with such factors as production history) informs the decision of the jury, but identity (or "substantial similarity") is ultimately a matter of decision or agreement of the jury, just as it is for any community.