The Artist’s Resale Right at Artists Space

The Artist’s Resale Right
Presentations & Discussion

Artists Space Books & Talks
Wednesday, July 22, 2015, 7pm

resale royalty

In light of recent action at the congressional level concerning artists’ resale rights, this event will provide a public forum for discussion around the proposed legislation of secondary market art sales in the US, and will locate these developments in relation to historical and international precedents and alternative models. 

In 2014 and 2015 Congressman Jerrold Nadler (Democrat, 10th District of New York) introduced into congress theAmerican Royalties Too Act, or ART Act, which would grant visual artists a resale right enabling them to collect a percentage of any works re-sold for a profit at public auctions over a value of $5000. While there have been many previous unsuccessful attempts to pass such legislation in the US, this current bill brings with it indications of a potentially different outcome: the Copyright Office recommended in a 2013 report that a federal resale royalty for visual artists should be adopted, this past May the U.S. Court of Appeals for the Ninth Circuit upheld portions of the California Resale Royalty Act concerning in-state sales of visual artworks, and this month the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (SCCR) announced that they will discuss visual artists’ resale rights in December 2015.

In order to stimulate discussion, and to ask what artists and the broader art community might want—or not want—from such legislation, this event brings together speakers from backgrounds in art, art history, and law for a series of presentations and discussions. Dr. Theodore Feder and Janet Hicks of the Artists Rights Society will outline the ART Act and the work they have done lobbying for the bill, followed by curator and art historian Lauren van Haaften-Schick, who will provide a historical perspective concerning artists’ contracts and the legal history of art in the US. These presentations will be followed by a discussion between art dealer Maxwell Graham, artists Hans Haacke and R. H. Quaytman, and Justice Barbara Jaffe, New York Supreme Court, New York County, moderated by van Haaften-Schick.

The evening will conclude with an open floor debate, at which all present are welcome to share thoughts and experiences. Even if the 2015 congressional session does not vote on the bill, or if it fails to pass, the recurrent interest in the issue of resale rights for artists merits greater involvement and consideration of the issue from those who stand to be impacted most—artists.

This event is the first in a series organized by the recently formed W.A.G.E. Artists’ Resale Rights Working Group:
Richard Birkett
April Britski
Maxwell Graham
Leah Pires
Cameron Rowland
Lise Soskolne
Lauren van Haaften-Schick

“What Now? The Politics of Listening,” Art in General in collaboration with the Vera List Center for Art and Politics, April 2015

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This April I had the pleasure of moderating a panel for the always excellent annual What Now? symposium organized by Art in General and the Vera LIst Center at the New School, New York.

What Now? 2015 examines the idea of listening as a political act, a pedagogical process, and a protocol for engagement. Opening with an analysis of listening, the symposium considers the scientific definition of the term alongside perspectives on listening that are shaped and informed by diverse social, cultural, technological, and spatial considerations. As keynote speaker Lawrence Abu Hamdan has noted, “Listening is not a natural process inherent to our perception of the world but rather constructed by the conditions of the spaces and times that engulf us”.


This panel addresses the slippages between truth and fiction in relation to interpretative listening, media communication, and acts of testimony, translation, or redaction. What is the place of language and translation in this evolving narrative space? Every translation sets into play distinct vocabularies and systems of listening and interpreting, and it is in these encounters that priorities and positions are negotiated. In forensic analysis, for example, how are ideas of truth, testimony, propaganda, translation (or “untranslatability”) played out? In terms of oral histories, why are narratives meant to be listened to rather than read alone, and what is the relative role and importance of accuracy, credibility, and the spinning of truth within this realm?

Moderator: Lauren van Haaften-Schick
Participants: Joshua Craze, Naeem Mohaiemen, Beatriz Santiago Muñoz

Full information on the symposium here.


The legal history of the Siegelaub-Projansky Contract, paper presentation at the Association for the Study of Law, Culture and the Humanities, March 6-7


I’m very pleased to be presenting a paper on the legal history and impact of Seth Siegelaub and Robert Projansky’s “The Artist’s Reserved Rights Transfer and Sale Agreement” at the  Eighteenth Annual Meeting of the Association for the Study of Law, Culture and the Humanities.

The conference will be held at Georgetown University Law Centre, March 6-7, 2015.

More information on the conference here.

Gauging the Grey Area at Charge Practicum, Arts League Houston, November 8-9





If you’re in the Houston area, please join me next weekend for the workshops Gauging the Grey Area: A Human Spectrum and Gauging the Grey Area: Quiz Mewith Helena Keeffe, for the Charge Practicum at the Arts League Houston










charge is a two day practicum to 1. platform and convene artist led alternative models 2. open up conversations around equitable compensation of artists and 3. consider artists’ work in the larger economy.

The event will feature a selection of local and national presenters (artists, curators, organizers, and researchers) who have been commissioned to conceive and host discussions, direct actions, lectures, and workshops that explore conceptual, organizational, and economic models of sustaining one’s art practice, engaging critically and generatively within the arts ecosystem as well as with broader communities, and advocating for equitable compensation along the way.

charge will focus on supporting, celebrating, convening and hearing real talk from those who’ve been:

  • Piloting alternative models
  • Experimenting creatively with how to sustain an art practice
  • Intersecting arts and activist communities
  • Actively intervening in current standards and practices of compensation
  • Engaging both critically and generatively in the arts ecosystem
  • Compiling research on how artists’ work ties into the larger economy

Advocacy for equitable compensation of artists and more effective and sustainable models in the arts is nothing new. As Houston’s arts funding policies are currently being rewritten and the city is undergoing a major cultural initiative, an event like this, centered on and starting with the artists is vital in establishing equitable policies for the future.


11:00 – 11:45 AM >>> Laugh Yoga with Tony Day

11:45 – 12:00 AM >>> Welcome, Intro & Coffee

12:00 – 1:00 PM >>> Party Panel Slide Show & Tell Brunch with Michelle Barnes {The Community Artists’ Collective}, Nestor Topchy {TemplO/Zocalo} and Beth Secor {The Effemera Museum}

1:00 – 2:30 PM >>> Early Afternoon Sessions

Session A – How to Frame Pauses, Holism, and Magical Thinking in New Arts Infrastructures: Build Your Own Utopian Artist-Run Project ((lecture/workshop)) with Ayanna Jolivet McCloud {labotanica – Houston}

Session B – Gauging the Grey Area: A Human Spectrum ((workshop)) with Lauren van Haaften-Schick {Non-Participation – New York} and Helena Keeffe {Standard Deviation – San Francisco}

Session C – American Royalty ((discussion/direct action)) with Gabriel Martinez {Alabama Song – Houston}

Session D – Co-dependency Anonymous ((workshop)) with Dawn Weleski {Conflict Kitchen/City Council Wrestling/Bus Stop Opera – Pittsburgh}

2:30 – 3:00 PM >>> Snack Break

3:00 – 4:30 PM >>> Late Afternoon Sessions

Session E – Fishing for Answers ((presentation/discussion)) with Zach Moser {Shrimp Boat Projects/Workshop Houston/The Big Parade – Houston}

Session F – Gauging the Grey Area: Quiz Me ((workshop)) with Helena Keeffe {Standard Deviation – San Francisco} and Lauren van Haaften-Schick {Non-Participation – New York}

Session G – Party Out of Bounds ((presentation)) with Aay Preston-Myint {Chances Dances – Chicago}

Session H – Just Give’em the Loot ((workshop)) with Robert Pruitt and M’kina Tapscott {H.O.S.T – Houston}

5:30 – MIDNIGHT >>> Dinner + Dance Party

VHS Vinylandia by Stephanie Saint Sanchez AKA DJ ESTEFF {Houston}

DJ Flash Gordon Parks {Houston}


11:00 AM >>> Welcome & Introduction

11:15 – 12:45 PM >>> Working Artists and the Greater Economy (W.A.G.E.) ((lecture)) with Lise Soskolne {New York}

12:45 – 1:00 PM >>> Snack Break

1:00 – 1:45 PM >>> At Any Cost: Economics, Politics, and Value ((lecture)) with Alison Gerber {Yale}

2:00 – 3:00 PM >>> Lunch and Session Shares ((Pecha Kucha lite))

3:00 – 3:45 PM >>> Do What You Love And You’ll Never Work Another Day In Your Life: Economic calculations and political battles ((panel discussion)) with Alison Gerber, Helena Keeffe, Ayanna McCloud, and Zach Moser

3:45 – 4:00 PM >>> Open Floor Q&A Session



The $10 registration fee for charge goes to charge grant. All charge participants will be invited to submit written proposals online byJanuary 4, 2015. The grantee will be selected via online voting by charge participants. The grant will be announced and awarded at a celebration dinner soon after.

charge is co-organized by Jennie Ash and Carrie Schneider and presented by Art League Houston. This event is inspired by Valuing Labor in the Arts: A Practicum presented by The Arts Research Center (ARC) at UC Berkeley.

Non-Participation closing & workshop at the Luminary, August 9

Saturday August 9th will be the final day for my exhibition Non-Participation at the Luminary  in St. Louis.

James and Brea McAnally of the Luminary will host a workshop based on one I presented with Helena Keeffe at UC Berkeley this past spring, Gauging the Gray Area: Standards for Artistic Labor. They will facilitate a workshop and series of discussion prompts and exercises exploring the ways artists’ measure, define, and negotiate their desired terms for their labor.


“Cariou v. Prince: Toward a Theory of Aesthetic-Judicial Judgments” published in the Texas A&M Law Review

Full text available on Scribd and on

This article is the product of a class I took in the Sociology of Culture with professor Cynthia Epstein at the CUNY Graduate Center in Fall 2013,  and of a talk given by Sergio Muñoz Sarmiento at Texas A&M University around the same time.

Following his talk, Munoz Sarmiento was invited to contribute an article to this issue of the Law Review. Noting the similarity in our respective papers’ arguments concerning the Cariou v. Prince case, appropriation, copyright and artists’ labor rights, Muñoz Sarmiento invited me to collaborate on this publication, taking it as an opportunity to memorialize the numerous conversations we had had on what this seminal appropriation art case meant for contemporary art, art history, and artistic production and reception.

Thus, this theoretical article is written with the intent of impacting the mindset of those in the arts. Not that those in the law cannot gain from our article. We imagine the article as providing another glimpse to those in the law other than the spectacle portrayed on a daily basis by glossy magazines, art journals, and sensationalist blogs.

The article is also not intended to rewrite or much less rehash all that has been written about medium specificity, aesthetic judgments, and labor in art. Instead, the article pinpoints these three main areas so as to highlight how law — when misapplied and leveraged by those with specific agendas — can have dire consequences for artists, curators, and writers beyond the walls of a court and auction house.

My sincere thanks to Muñoz Sarmiento for inviting me to collaborate with him on what we hope will prove an important article and position to take.


“Directly in front of you.” On view online at Light & Wire Gallery.

Directly in front of you.

The experience of installation
compiled by Lauren van Haaften-Schick
June 30 – July 25, 2014



Consisting of found footage recorded by exhibition viewers, or capturing visitors’ interaction with an art installation, Directly in front of you is a video compilation examining the experience of installation. Organized by environmental setting or sculptural type, these recorded surreal and extremely direct artworks consider our negotiation between the tangible and microscopic, monumentality and aggressive confrontation, intimacy and infinitude, and the mediated sublime. Throughout these recordings, playful negation is balanced with meditative reflection as critical and equally valid experiences of perception.

See Light & Wire Gallery for more information and to view video online.




Non-Participation at the Luminary, St Louis, Opening June 27


June 27 – August 8, 2014
The Luminary Center for the Arts
2701 Cherokee, St. Louis, MO


Non-Participation is an in-progress collection of letters written by artists and others in which they refuse to take part in cultural events for various political and ethical reasons.

The first public presentation of the ongoing project will take place at the Luminary Center for the Arts in St. Louis, from June 27 – August 8, 2014. The exhibition follows a residency at the Luminary during the last two weeks of June.

I am still actively taking submissions of letters, which may be sent

The call for submissions follows.

More info at



Call for Submissions

Non-Participation is an on-going collection of letters written by artists, writers, musicians, curators, and other cultural producers, in which they decline opportunities to participate in cultural events, such as exhibitions and performances, for various political and ethical reasons. These statements serve as evidence that the artist may act with agency, and is not beholden to the terms of an institution. They also pose a positive alternative to a ubiquitous pressure to perform, and state cases for the legitimacy of art-work as a real and remunerable form of labor. At the core of the project is the notion that what we say “no” to is perhaps more important than what we agree to.

Examples of such letters include: The artist collective YAMS’ withdrawal from the 2014 Whitney Biennial on grounds that the Museum perpetuates racism within the institutional art world; the withdrawal of John Baldessari, Barbara Kruger, Catherine Opie and Ed Ruscha from the board of trustees of LA MoCA in response to the leadership of Jeffrey Deitch and the exit of curator Paul Schimmel; Artist Michael Rakowitz’s refusal of an invitation to create a commissioned work for the Spertus in Chicago, after they had pre-maturely closed a show on contemporary and historic interpretations of mapping the Israel Palestine region; and a heavily annotated and criticized request received by the artist activist group Working Artists for the Greater Economy (W.A.G.E.) for their participation in a major exhibit for which no artist fees or support of any kind was offered by the organizer.

I am now collecting your letters of non-participation, which will be compiled as a publication and online archive, with additional exhibitions and events to be announced.

Please send copies of your letters via email to

With your submission, please indicate whether or not you wish to remain anonymous. All names and contact information can be omitted or made public.

Each letter will be accompanied by a factual account of the incident and/or any other relevant information that could illuminate the situation, as you see fit.
There is currently no deadline for submissions.

Thank you in advance.

Lauren van Haaften-Schick


The Luminary Center for the Arts



Valuing Labor in the Arts: Response

Now on A wrap-up and response article by Patricia Maloney on Gauging the Gray Area, a workshop organized by myself and Helena Keeffe for “Valuing Labor in the Arts” at the Arts Research Center, UC Berkeley:

Valuing Labor in the Arts – Response: Negotiating Terms and Setting Precedents

By Patricia Maloney May 22, 2014

On April 19, 2014, the Arts Research Center hosted Valuing Labor in the Arts: A Practicum. This daylong event included a series of artist-led workshops that developed exercises, prompts, or actions that engage questions of art, labor, and economics.

Patricia Maloney participated in the “Gauging the Gray Area: Standards for Artistic Labor” workshop at the Valuing Labor in the Arts practicum and was commissioned to write this response….


One of the participants in the workshop, choreographer and Berkeley PhD student Sara Wilbur  also came up with a great dance-focused response to the project. Amazing!


You can download our Gauging the Grey Area broadside here.