Full Description
Artistic authorship is fundamental to how we interpret and value artworks. The figure of the solitary, creative genius underpins the symbolic and monetary values we ascribe to artworks; yet artistic authorship, like ownership, is often contested and unstable. This interdisciplinary collection of essays, written from legal, art historical and art market perspectives, critically examines the construction and iteration of the artist-author both during the lifetime of the artist and beyond - when artistic authorship is stewarded by others, including artists' estates, foundations and museums.
Drawing on current cases and past legal disputes, this important anthology addresses enduring issues that have become central to the contemporary art world, such as the collision between artists' rights and the rights of the owners of artworks, the problems of authentication and who has the final authority to determine authenticity, and the role of artists' estates as legacy guardians.
Contents
11 Introduction
daniel mcclean
Part One: Authorship and Artists' Rights
31 Artists' Rights in the United States;
or, A Remembrance of Claims Occasionally Checked joan kee
47 Training Ground for Moral Rights: MASS MoCA v. Christoph Büchel donn zaretsky
54 Retraction
martha buskirk
69 Up for Grabs; or, Artistic Authorship in the Age of the Flipper: Kreuk v. Vō
christian viveros-fauné
82 Authoring Contradictions: Modern Appropriation Art and Postmodern Copyright Law in Cariou v. Prince
nate harrison
96 Timeless/Authorless
john c. welchman
117 The Author Stripped Bare by Its Employees:
Artistic Authorship in the Twenty-First Century and Beyond lisa rosendahl
Part Two: The Artwork, Aura, and Authentication
130 Demonstrable Legacy; or, What Sculptors Leave Behind penelope curtis
141 From the Object to the Archive: Guaranteeing Authorship and Ownership in Contemporary Art
alessandra donati
159 Score, Performance, and the Posthumous Conductor
shane burke
179 Hélio Oiticica: A Principle of Renewal
guy brett
186 Artists' Legacies, Authentication, and the Art Market: Not Always a Happy Ménage
georgina adam
203 Brave New Art Market: Unsilencing the Authenticators
judith bresler
217 Artistic Authorship, Legacy, and Expert Liability in the French Art Market corinne ershkovitch
229 Authentication and the Italian Art Market
giuseppe calabi
