Posthumous Art Law And The Art Market

This book takes an interdisciplinary, transnational and cross-cultural approach to reflect on, critically examine and challenge the surprisingly robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists. Works of art conceived as multiples, such as sculptures, etchings, prints, photographs and conceptual art, can be—and often are—remade from original models and plans long after the artist has passed. Recent sales have suggested a growing market embrace of posthumous works, contemporaneous with questioning on the part of art history. Legal norms seem unready for this surge in posthumous production and are beset by conflict across jurisdictions. Non-Western approaches to posthumous art, from Chinese emulations of non-living artists to Native American performances, take into account rituals of generational passage at odds with contemporary, market-driven approaches. The book will be of interest to scholars working in art history, the art market, art law, art management, museum studies and economics.

This book takes an interdisciplinary, transnational and cross-cultural approach to reflect on, critically examine and challenge the surprisingly robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists. Works of art conceived as multiples, such as sculptures, etchings, prints, photographs and conceptual art, can be—and often are—remade from original models and plans long after the artist has passed. Recent sales have suggested a growing market embrace of posthumous works, contemporaneous with questioning on the part of art history. Legal norms seem unready for this surge in posthumous production and are beset by conflict across jurisdictions. Non-Western approaches to posthumous art, from Chinese emulations of non-living artists to Native American performances, take into account rituals of generational passage at odds with contemporary, market-driven approaches. The book will be of interest to scholars working in art history, the art market, art law, art management, museum studies and economics.

This book challenges existing notions of what is "American" and/or "Asian" art, moving beyond the identity issues that have dominated art-world conversations of the 1980s and the 1990s and aligning with new trends and issues in contemporary art today, e.g. the Global South, labor, environment, and gender identity. Contributors examine both historical and contemporary instances in art practices and exhibition-making under the rubric of "American art in Asia." The book complicates existing notions of what constitutes American art, Asian American (and American Asian) art. As today’s production and display of contemporary art takes place across diffused borders, under the fluid conditions of a globalized art world since transformed by the COVID-19 pandemic, new contexts and art historical narratives are forming that upend traditional Euro-American mappings of center-margins, migratory patterns and community engagement. The book will be of interest to scholars working in art history, American studies, Asian studies and visual culture.

This paper studies the death effect on artists’ exhibitions and commercial success in the secondary art market. Based on a random sample of 1’000 popular artists born after the turn of the 20th century, we construct a novel panel data set of their worldwide exhibition history and auction transactions. By applying a regression discontinuity and event study design, we find an overall negative effect of artist death on the number of exhibitions. However, this post mortem effect disappears in longer term. Roughly ten years after death, exhibitions are back to pre-death levels. Arguably, transaction cost and higher auction prices after death also temporarily increase the average cost of exhibiting artworks, e.g. higher market valuation raises (unobserved) insurance cost for exhibitions. Hedonic auction price models confirm this intuition and suggest a significant price premium posthumously. We find substantial heterogeneity in the treatment depending on the age and reputation of the artist at death. Overall findings explain important mechanisms for the post mortem value of artistic work and have important policy implications for the creative sectors and the design of legacy stewardship rules, including a possible justification for rights granted post mortem such as copyright.

This volume offers a comprehensive perspective on the relationship between the art scene and agencies of the state in countries of the region, throughout four consecutive yet highly diverse historical periods: from the period of state integration after World War I, through the communist era post 1945 and the time of political transformation after 1989, to the present-day globalisation (including counter-reactions to westernisation and cultural homogenisation). With twenty-three theoretically and/or empirically oriented articles by authors from sixteen countries (East Central Europe and beyond, including the United States and Australia), the book discusses interconnections between state policies and artistic institutions, trends and the art market from diverse research perspectives. The contributors explore subjects such as the impact of war on the formation of national identities, the role of artists in image-building for the new national states emerging after 1918, the impact of political systems on artists’ attitudes, the discourses of art history, museum studies, monument conservation and exhibition practices. The book will be of interest to scholars working in art history, cultural politics, cultural history, and East Central European studies and history.

Erasures and Eradications in Modern Viennese Art, Architecture and Design challenges the received narrative on the artists, exhibitions, and interpretations of Viennese Modernism. The book centers on three main erasures—the erasure of Jewish artists and critics; erasures relating to gender and sexual identification; and erasures of other marginalized figures and movements. Restoring missing elements to the story of the visual arts in early twentieth-century Vienna, authors investigate issues of gender, race, ethnic and sexual identity, and political affiliation. Both well-studied artists and organizations—such as the Secession and the Austrian Werkbund, and iconic figures such as Klimt and Hoffmann—are explored, as are lesser known figures and movements. The book’s thought-provoking chapters expand the chronological contours and canon of artists surrounding Viennese Modernism to offer original, nuanced, and rich readings of individual works, while offering a more diverse portrait of the period from 1890, through World War II and into the present. The book will be of interest to scholars working in art history, history, design history, architectural history, and European studies.

Bringing together an international team of scholars, this book offers new perspectives on the impact that the Bauhaus and its teaching had on a wide range of artistic practices. Three of the fields in which the Bauhaus generated immediately transformative effects were housing, typography, and photography. Contributors go further to chart the surprising relation of the school to contemporary developments in hairstyling and shop window display in unprecedented detail. New scholarship has detailed the degree to which Bauhaus faculty and students set off around the world, but it has seldom paid attention to its impact in communist East Germany or in countries like Ireland where no Bauhäusler settled. This wide-ranging collection makes clear that a century after its founding, many new stories remain to be told about the influence of the twentieth century’s most innovative arts institution. The book will be of interest to scholars working in art history, design history, photography, and architectural history.

Presenting a radically different picture of Egon Schiele’s work, this study documents (in one-to-one comparisons) the extent of the artist’s visual borrowings from the Viennese humoristic journal, Die Muskete. Claude Cernuschi analyzes each comparison on a case-by-case basis, primarily because the interpretation of cartoons and caricatures is highly contingent on their specific historical and cultural context. Although this connection has gone unnoticed in the literature, in retrospect, this correlation makes perfect sense. Not only was Schiele’s artistic production frequently compared to caricature (and derided for being “grotesque”), but Expressionism and caricature are natural allies. One may belong to “high” art and the other to “popular” culture, yet both presuppose similar assumptions and deploy a similar rhetorical position: namely, that the exaggeration of human physiognomy allows deeper psychological “truths” to emerge. The book will be of interest to scholars working in art history, visual culture, popular culture, and politics.