Posthumous Art, Law and the Art Market

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Artifact Piece
Artist's Death
Artist's Lifetime
Artist’s Death
Artist’s Lifetime
Boccioni
Brancusi
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Bronze Sculpture
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China
Chinese Painting History
conceptual art
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Constantin Brancusi
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Diane Arbus
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Early Ming Period
economics
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indigenous
indigenous art practices
intellectual property
intellectual property art
jurisdiction
legal
legal issues in posthumous art production
Michelangelo
moral rights
moral rights in art
multiples
museum collection management
Native American
Notoriety
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Pieta
Posthumous Editions
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Posthumous Works
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print
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Product details

  • ISBN 9781032028989
  • Weight: 340g
  • Dimensions: 174 x 246mm
  • Publication Date: 29 Jan 2024
  • Publisher: Taylor & Francis Ltd
  • Publication City/Country: GB
  • Product Form: Paperback
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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.

Sharon Hecker is an independent art historian and curator specializing in modern and contemporary Italian sculpture.

Peter J. Karol is Professor of Law at New England Law | Boston, where he is also Director of the school’s Intellectual Property Law Certificate Program.