Options to consider when archiving an artist's work

1. Public studio

Opening up the artist’s former studio to members of the public is a way to give a real and true insight into their practice, in terms of the environment they were creating artworks in. Often studios also hold objects of inspiration for the artist, and their physical geographic situation can also inform your understanding of them.

In Portlligat, in Catalonia, Spain visitors can access studio space Dalí created in an outdoor olive grove. A 'glass floor' installed there allowed him to study feet and foreshortening.

Explore examples of public studios that preserve artists’ legacies on the Artist Studio Museum Network website.
If you choose to leave your studio for the purpose of public visits, you will need to leave funds to support its costs too – consider upkeep, administration and security.

2. Donating artwork and funds

You can donate artworks and funds to individuals or to institutions. This could be for public or private display. Gifts of artwork can be extremely meaningful for those close to you, and can be a way of thanking associates or helpers.

Donation agreement

If you’re planning to donate your artworks to an art museum or nonprofit organisation, consider getting a donation agreement drafted. This is a legal agreement that outlines terms, allowing you to formally state your instructions and any restrictions.

Your conditions may be difficult for the organisation, so without earlier agreement they may refuse your donation. This can lead to the items ending up in places you would never have intended. It may also have consequences for your estate.

Step 1: Think about whether you would like your artwork displayed, and how:

• permanently, temporarily, or not at all?
• in a solo exhibition or alongside others, or both?
• in one place only or allowable for loan?
• with a particular credit or description?
• only for a specific purpose, like education?

Step 2: Consider if you would be happy for the organisation to sell your artwork in future or not.

Step 3: Discuss your wishes with the organisation.

Step 4: You can then consider modifying your request, providing funding for associated costs, or donating to another organisation who can fulfil all your requirements.

Step 5: Through a legal professional, formalise the agreement that you and the organisation have reached.

3. Funding art and artists through a trust

As part of their legacy, artists may consider setting up a trust to fund an arts programme or scholarship. A trust is a legal tool which sets aside money and or other assets, like property or artworks, for particular purposes.

Trusts can be set up to last for a limited time, or for a very long period, and can benefit a single individual, a group, or a whole category of people.

Ongoing costs

You’ll need to appoint a trustee to be responsible for the trust.Typically they will receive a fee. There will also be administrative costs.

Depending on its use, over time the ongoing costs can reduce or even use up a trust’s value over time. Speak to your legal advisor to make sure there are enough assets in the trust to support and achieve your goals for it.

4. Setting up an art foundation

An artist endowed foundation gives artwork and assets ownership over to an institution, to fulfill a certain purpose. The foundation may be created during an artist’s life, as part of their estate planning, or by family members after the artist has died.

It can be scaled up and have its own staff, plus the ability to make new choices and decisions, as long as they are in line with the founder’s intent. This must be for a charitable purpose, not simply to preserve the memory and reputation of the founder. For example, this could be funding other projects, or providing educational access to works.

Foundations can be established for a range of functions, such as grantmaking, direct charity activity, estate distribution and supporting the artist’s legacy. We recommend getting independent legal advice on what constitutes a charitable purpose, as well as consulting with a legal professional about all your legacy options.

Considerations

An artist endowed foundation may not be suitable, because of associated costs like administration, management and maintenance. Some foundations generate income from artwork sales or public exhibitions ticket sales. However, these also need to be managed carefully, ideally by professionals, and will have associated costs.

Speak to legal and financial professionals with art world experience for advice about what’s involved in setting up an art foundation. 

Case study: unanticipated issues

Choreographer Martha Graham left copyright to her work to the head of the Martha Graham Foundation. That person fell out with the board of directors of the Martha Graham Center of Contemporary Dance, a separate institution. They barred the Center from using any of her dances or written works.

However, the Center had a potential claim to the works because she had been an employee.

The Center faced a financial crisis. An expensive year-long lawsuit followed before the Center was granted the rights.

It’s unlikely the artist would have wanted this scenario to happen. Setting up an agreement with rules and permissions around the rights to use artworks reduces these kinds of problems.