Preserving an artist’s legacy
In this guide, we explore options for preserving your legacy, such as archiving, so that your artworks continue to make a difference for people. We recommend getting independent legal advice on all your options before making any decisions.
This content was developed in collaboration with the Art360 Foundation, which has since concluded its operations. Read a blog post documenting the Foundation’s work and legacy.
Archiving an artist's estate
Archiving is an important part of preserving an artist’s legacy. It organises and protects an artist’s body of work. It can be a vast and complicated task, covering works and preparatory studies in various mediums, as well as the artist’s intention, cultural context, personal values and background.
This article gives some pointers for artists and estate managers to begin the archiving process. Please note, the options presented are not exhaustive and do not substitute legal independent advice.
Who does this?
Archiving may be something done while alive by the artist themself, their assistant or team, their family members. After an artist dies, heirs, beneficiaries, a conservator – either appointed by the artist in their Will or by those close to them after their death – or a cultural institution may archive an artist’s work.
Artist’s archive benefits
Archiving empowers artists and community organisations to preserve, affirm and advance the artist’s historical identity. The capture and collection of a life’s work celebrates visual artists and their contributions to their community.
Whether showcased at a studio opened to the public or online, an archive keeps the artist’s legacy accessible for future generations.
What is involved in archiving?
Step 1: follow instructions given by the artist
Representatives, work with the artist if they are living, or consult the artist’s Will to understand their wishes if they are deceased.
Artists, start thinking ahead to plan for the legal documentation of your wishes.
Step 2: catalogue the artist’s body of work
Create a lifetime artwork catalogue or corroborate an existing one. This involves gathering up the artist’s own inventories and documentation, plus researching external references to, and cataloguing of, their work, for example in books, journals and exhibition catalogues.
The catalogue should state:
- date artist completed each painting
- where artist lived at the time of painting
- if artist sold the copyright, if so to who to
- if artist created the work with one or more other artists – if so who with, plus the proportion each input
- if the work was sold, if so to who
- if unsold work is lent, donated, on exhibition or on consignment
- artworks which are unfinished
You might find it useful to read our advice articles on visual arts copyright and disputes over copyright ownership, which include information relating to co-created and commissioned work.
Step 3: understand what processes will apply
Some, most or all of these processes may be involved in archiving the artist’s works:
- conservation
- storage and or display
- curatorship
- archive and artwork valuation
- legal consultancy
- digitisation
- database implementation
- inventory management
- photographic and film documentation
- website development
- accounting
- administration
Speak to an art specialist to find out which are relevant to your project. You may have the skills to take these on yourself, or may need to commission external support.
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Disclaimer
The content of this article is not intended to be applied to individual circumstances. It is not legal advice, and is not a substitute for independent legal advice.