
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
Dec 3, 2019
11 min

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.
Nov 14, 2019
10 min

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: [email protected].
Thanks for listening and till next time on “Exploring the art market” podcast.
Available also on iTunes.
Oct 16, 2019
6 min

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
Sep 26, 2019
10 min

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: [email protected].
Thanks for listening and till next time on “Exploring the art market” podcast.
Now available also on iTunes.
Sep 13, 2019
12 min

Exploring_the_art_market_ep7_Art_crimes by Maria Boicova-Wynants
Aug 19, 2019
15 min

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: [email protected].
Thanks for listening and till next time on “Exploring the art market” podcast.
Now available also on iTunes.
Jul 30, 2019
10 min

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: [email protected].
Thanks for listening and till next time on “Exploring the art market” podcast.
Now available also on iTunes.
Jul 18, 2019
8 min

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: [email protected].
Thanks for listening and till next time on “Exploring the art market” podcast.
Now available also on iTunes.
Jul 12, 2019
9 min

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: [email protected].
Thanks for listening and till next time on “Exploring the art market” podcast.
Now available also on iTunes.
Jul 4, 2019
12 min
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