Exploring the Art Market

Whether creativity is a professional endeavor or just a hobby it usually results in a number (sometimes large) of creative output. What is going to happen with it upon the death of a creative? Are those hundreds of paintings to be kept in storage, thrown away, donated, burned, sold? What about the brushes, easels, hammers or bags of concrete? In this episode, I would like to address the matter of artist’s heritage, as well as pull together some important questions for the artists to reflect upon and for their advisers to take into account in their discussions with their clients. Links to materials mentioned in this episode: the episode on the right to destroy is accessible here --https://soundcloud.com/user-796059586/exploring-the-art-market-ep-8-the-right-to-destroy and my article on Value of an artwork is to be read here -- https://artlaw.club/en/artlaw/the-mysterious-world-of-the-value-of-art

When someone buys a painting or a sculpture s/he most of the time gets an actual possession of an actual object. Yet, when it comes to performance art, is there a way how to ever own it? Even more so, provided that copyright protects original ideas fixed in a tangible form, is performance art even protectable at all? This episode of “Exploring the art market” podcast explores the performance art from the point of view of authorship, ownership, and protection thereof.

This episode of “Exploring the art market” podcast explores the concept of authorship, or more precisely addresses the question of who can be considered as an author. This seemingly basic and straightforward question surprisingly is not that easy to answer. Previous episodes of “Exploring the art market” podcast: Episode 1 — Mediation of art-related disputes: https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art Episode 2 — Art market bubbles: https://soundcloud.com/user-796059586/exploring_the_art_market_ep2_art_market_bubbles Episode 3 — Value of art https://soundcloud.com/user-796059586/exploring_the_art_market_ep3_value_of_art Episode 4 — Copyright and graffiti https://soundcloud.com/user-796059586/exploring_the_art_market_ep4_copyright_and_graffiti Episode 5 — Jeff Koons https://soundcloud.com/user-796059586/exploring_the_art_market_ep5_jeff_koons Episode 6 — Appropriation art https://soundcloud.com/user-796059586/exploring_the_art_market_ep6_appropriation_art Episode 7 — Art crimes https://soundcloud.com/user-796059586/exploring_the_art_market_ep7_art_crimes Episode 8 — The right to destroy https://soundcloud.com/user-796059586/exploring-the-art-market-ep-8-the-right-to-destroy Episode 9 — Rybolovlev-Bouvier affair https://soundcloud.com/user-796059586/exploring-the-art-market-ep-10-rybolovlev-bouvier All comments and suggestions for the podcast are highly welcome either in the comment section below or directly to my e-mail: maria.boicova@gmail.com. Thanks for listening and till next time on “Exploring the art market” podcast. Available also on iTunes.

This episode of “Exploring the art market” podcast is dedicated to Rybolovlev-Bouvier affair — an avalanche of legal cases around the world on the ruins of a broken relationship between the two powerful men. What went wrong? And which issues are now at stake? The link to the article in “The New Yorker” which I mention is here - https://www.newyorker.com/magazine/2016/02/08/the-bouvier-affair Previous episodes of “Exploring the art market” podcast: Episode 1 — Mediation of art-related disputes: https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art Episode 2 — Art market bubbles: https://soundcloud.com/user-796059586/exploring_the_art_market_ep2_art_market_bubbles Episode 3 — Value of art https://soundcloud.com/user-796059586/exploring_the_art_market_ep3_value_of_art Episode 4 — Copyright and graffiti https://soundcloud.com/user-796059586/exploring_the_art_market_ep4_copyright_and_graffiti Episode 5 — Jeff Koons https://soundcloud.com/user-796059586/exploring_the_art_market_ep5_jeff_koons Episode 6 — Appropriation art https://soundcloud.com/user-796059586/exploring_the_art_market_ep6_appropriation_art Episode 7 — Art crimes https://soundcloud.com/user-796059586/exploring_the_art_market_ep7_art_crimes Episode 8 — The right to destroy https://soundcloud.com/user-796059586/exploring-the-art-market-ep-8-the-right-to-destroy

When you hear the words “cultural heritage” what comes to your mind? Which would the rights and obligations of owners and holders of it be? Should there be any? And in general — is it about personal ownership and hence personal decision or the society at large needs to always be taken into the equation? In today’s episode of “Exploring the art market” podcast I would like to talk about the right to destroy. P.S. The painting I mentioned — Ecce Homo (“Behold the Man”) by Elías García Martínez, dubbed Ecce Mono (“Behold the Monkey”) after the “restoration” by Cecilia Giménez — more on that, including images, here: https://www.amusingplanet.com/2017/01/ecce-homo-botched-painting-that-saved.html Previous episodes of “Exploring the art market” podcast: Episode 1 — Mediation of art-related disputes: https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art Episode 2 — Art market bubbles: https://soundcloud.com/user-796059586/exploring_the_art_market_ep2_art_market_bubbles Episode 3 — Value of art https://soundcloud.com/user-796059586/exploring_the_art_market_ep3_value_of_art Episode 4 — Copyright and graffiti https://soundcloud.com/user-796059586/exploring_the_art_market_ep4_copyright_and_graffiti Episode 5 — Jeff Koons https://soundcloud.com/user-796059586/exploring_the_art_market_ep5_jeff_koons Episode 6 — Appropriation art https://soundcloud.com/user-796059586/exploring_the_art_market_ep6_appropriation_art Episode 7 — Art crimes https://soundcloud.com/user-796059586/exploring_the_art_market_ep7_art_crimes All comments and suggestions for the podcast are highly welcome either in the comment section below or directly to my e-mail: maria.boicova@gmail.com. Thanks for listening and till next time on “Exploring the art market” podcast. Now available also on iTunes.

Exploring_the_art_market_ep7_Art_crimes by Maria Boicova-Wynants

The 6th episode of “Exploring the art market” podcast is dedicated to appropriation art. Simply put, appropriation is the use of objects or images already created by somebody else with little or no transformation applied to them. These objects or images then become a part or even a whole of the new art object or an image. You might think that this is undoubtedly a copyright violation, however, as you will hear, it is all not that straightforward. Previous episodes of “Exploring the art market” podcast: Episode 1 — Mediation of art-related disputes: https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art Episode 2 — Art market bubbles: https://soundcloud.com/user-796059586/exploring_the_art_market_ep2_art_market_bubbles Episode 3 — Value of art https://soundcloud.com/user-796059586/exploring_the_art_market_ep3_value_of_art Episode 4 — Copyright and graffiti https://soundcloud.com/user-796059586/exploring_the_art_market_ep4_copyright_and_graffiti Episode 5 — Jeff Koons https://soundcloud.com/user-796059586/exploring_the_art_market_ep5_jeff_koons All comments and suggestions for the podcast are highly welcome either in the comment section below or directly to my e-mail: maria.boicova@gmail.com. Thanks for listening and till next time on “Exploring the art market” podcast. Now available also on iTunes.

Do you think that the artist needs aggressive self-marketing and intensive cooperation with brands in order to succeed in the art world of today? Shouldn’t powerful art speak for itself or without the loud voice of an artist that’s not gonna work? In today’s episode, I would like to talk about the particular artist — Jeff Koons. Previous episodes of “Exploring the art market” podcast: Episode 1 — Mediation of art-related disputes: https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art Episode 2 — Art market bubbles: https://soundcloud.com/user-796059586/exploring_the_art_market_ep2_art_market_bubbles Episode 3 — Value of art https://soundcloud.com/user-796059586/exploring_the_art_market_ep3_value_of_art Episode 4 — Copyright and graffiti https://soundcloud.com/user-796059586/exploring_the_art_market_ep4_copyright_and_graffiti All comments and suggestions for the podcast are highly welcome either in the comment section below or directly to my e-mail: maria.boicova@gmail.com. Thanks for listening and till next time on “Exploring the art market” podcast. Now available also on iTunes.

A famous graffiti artist Banksy never admitted he is an author of his artworks. Except for the book “Wall and piece” (Century, The Random House Group Limited 2005). There on the intro page, he does claim authorship — “Against his better judgment, Banksy has asserted his right under the Copyright, Designs and Patent Act, 1988 to be identified as the author of this work.” Also Banksy’s well-known quote: “Copyright is for losers” has a copyright sign behind it. Yet, that’s where Intellectual property (further - IP) protection basically “ends” for graffiti artists, those “street vandals” damaging properties belonging to someone else, or… doesn’t it? In this episode I would like to discuss graffiti and where does the legal protection stand in its respect. Previous episodes of “Exploring the art market” podcast: Episode 1 — Mediation of art-related disputes: https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art Episode 2 — Art market bubbles: https://soundcloud.com/user-796059586/exploring_the_art_market_ep2_art_market_bubbles Episode 3 — Value of art https://soundcloud.com/user-796059586/exploring_the_art_market_ep3_value_of_art All comments and suggestions for the podcast are highly welcome either in the comment section below or directly to my e-mail: maria.boicova@gmail.com. Thanks for listening and till next time on “Exploring the art market” podcast. Now available also on iTunes.

In this episode, I would like to address the issue of a value of an artwork. I will elaborate on how the value is determined; and which value components play the most important role in arriving at the final number. Previous episodes are available at the following links: Episode 1 — Mediation of art-related disputes: https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art Episode 2 — Art market bubbles: https://soundcloud.com/user-796059586/exploring_the_art_market_ep2_art_market_bubbles All comments and suggestions for the podcast are highly welcome either in the comment section below or directly to my e-mail: maria.boicova@gmail.com. Thanks for listening and till next time on “Exploring the art market” podcast. Now available also on iTunes.

In the previous episode (https://soundcloud.com/user-796059586/exploring_the_art_market_ep1_mediation_and_art), I talked about mediation of art-related disputes. Today I would like to turn to the financial side. And we are talking finances, there is one especially gripping topic. Market bubbles. In our case — art market bubbles. Are we in one? Will the art market bubble soon burst big time? Let’s discuss. What are your thoughts? Share them in the comment section of this podcast or shoot them to my e-mail address - maria.boicova@gmail.com

In the very first episode of the "Exploring the Art Market" podcast, I talk about mediation as the best way of solving art-related disputes. The links for further reading that I promised can be found here: The Right Honourable Sir David Hirst. Report of the Spoliation Advisory Panel in respect of a painting now in the possession of the Tate Gallery (London, The Stationery Office, 18 January 2001) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/427722/Report_of_the_Spoliation_Advisory_Panel_in_respect_of_a_painting_now_in_the_possession_of_the_Tate_Gallery.pdf Anne Laure Bandle, Alessandro Chechi, Marc-André Renold, “Case 17 Tasmanian Human Remains – Tasmanian Aboriginal Centre and Natural History Museum London,” Platform ArThemis https://plone.unige.ch/art-adr/cases-affaires/17-tasmanian-human-remains-2013-tasmanian-aboriginal-centre-and-natural-history-museum-london UNESCO. Cases of return and restitution under the aegis of the Intergovernmental Committee. http://www.unesco.org/new/en/culture/themes/restitution-of-cultural-property/committes-successful-restitutions/ Alessandro Chechi, Anne Laure Bandle, Marc-André Renold, “Case Nataraja Idol – India and the Norton Simon Foundation,” Platform ArThemis https://plone.unige.ch/art-adr/cases-affaires/nataraja-idol-2013-india-and-norton-simon-foundation-1