Interview for The Conversation Art Podcast online now

Rambling about all things resale royalties, artists’ rights, and contracts, as usual! This was an especially interesting opportunity for what happened behind the scenes. Before we started the podcast, I negotiated a new guest contract that would acknowledge the collaborative dimensions of my conversation with host Michael Shaw, so that it was neither of our exclusive intellectual property but a joint work. On a practical dimension, that means that we both hold  copyright in the work. On a philosophical level, it recognizes each of our contributions, and that this – as in so much creative production – is a work that could only have come into being because of what we both brought to it. Thank you Michael! 

P.S.A.: Always read your contracts, and never shy away from renegotiating their terms! 

Epis.#253: Lauren van Haaften-Schick – curator, writer and PhD candidate – on the past, present and future of artists’ resale royalties; rights; and laws

 

“Conceptual Art Facing the Law,” Seminar series at MUAC

On August 14 & 16 I’ll be giving public seminars on my research at the Museo Universitario Arte Contemporáneo in Mexico City, at the invitation of the the fantastic curator Julio García Murillo. One of my favorite museums in the world – it’s an honor! 

Conceptual Art Facing the Law .   

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Cuando el arte conceptual emergió en Estados Unidos en los años sesenta, también emergieron algunos problemas: ¿Qué se intercambiaba al carecer de objeto artístico? ¿Cómo un artista y coleccionistas saben lo que se vende? Las respuestas a estas preguntas encuentran su solución material en la documentación, en algunos casos fotografías e instrucciones y, de manera más radical, en papeleo legal y administrativo –de manera primaria en certificados y contratos – diseñado para registrar el nombre y los derechos de su autor, así como las obligaciones y títulos de su propietario.

El objetivo de este seminario es examinar la experimentación legal artística durante los años sesenta y setenta en el arte conceptual norteamericano, que culminó con la escritura y distribución de The Artist’s Reserved Rights and Sale Agreement (El acuerdo de artistas para derechos reservados y venta) en 1971. La discusión se guiará a partir de investigación de archivo y curatorial, poniendo un énfasis especial a la materialidad de la llamada inmaterialidad de la obra artística, y la forma en la que éstas prácticas mimetizaron la materialidad de la administración jurídica.

Miércoles 14 y viernes 16 de agosto
11-14 horas / Arkheia

Ipse Dixit podcast interview

The ever impressive and generous Brian Frye invited me for an interview on his podcast Ipse Dixit yesterday, to speak about on my research on The Artist’s Reserved Rights Transfer and Sale Agreement. Available online here: https://shows.pippa.io/ipse-dixit/episodes/lauren-van-haaften-schick-on-the-artists-contract

It’s an impressive catalogue of interviews! Subscribe! And have a look at his recent paper with Christopher Bradley on the Agreement: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3406498

cover art for Lauren van Haaften-Schick on the Artists' Contract

SOMA Summer 2019

I’m at SOMA Summer again this year as an artist mentor and leading a seminar on my research. It’s also just the best place to be. 

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Details on the whole summer schedule here: http://somamexico.org/es/soma-summer/program-2019-#panel5

January 24, 2019: Equity by Platform: The Artist’s Contract (1971) to Smart Contracts: In 1971 conceptual art curator-publisher Seth Siegelaub and lawyer Robert Projansky created The Artist’s Reserved Rights Transfer and Sale Agreement, a legal contract envisioned as a standard tool enabling artists to retain ongoing property and economic rights in their sold works. In Siegelaub’s view, the efficacy of “Artist’s Contract” was ensured by its promise of seamless transactions executed automatically by virtue of its standard form. However, the Contract has been little-used and remains controversial, particularly for stipulating an artist’s resale royalty, and demanding transparency in resales. Today however, many emerging blockchain-based platforms for selling art employ smart contracts with terms similar to the Artist’s Contract. Here, resale royalties are not taboo, but are encouraged, and smart contracts are celebrated for their intrinsic automation and self enforcement – as if achieving the Artist’s Contract’s initial dream. Yet as uses of smart contracts and blockchain within the art market proliferate, we might pause to consider the criticisms and limitations of this historical precedent in order to more fully imagine the potentials of these technologies. It is only then that we can assess the implications of these platforms for equity in the art market, and their greatest contradiction: adopting tools of private law in order to effect collective good.

In conversation with Alex Strada on her project “Artist Contract,” March 27

On March 27 I’ll be joining artist Alex Strada in conversation on her project Artist Contract. Strada’s contract is a derivative of Seth Siegelaub and Robert Projansky’s The Artist’s Reserved Rights Transfer and Sale Agreement from 1971. In Strada’s version, the contract’s stipulated resale royalty is not paid to the artist, but is instead designated to support purchases of works by young women artists. 

Mar 27, 2019 7:00pm-9:00pm
320 West 23rd St
New York, New York 10011
 
Event for exhibition Double Negative, Curated by Darling Green for Chashama
 
 

Read Strada’s Contract here.

 

Cornell Tech DLI Lecture, February 28, 2019: “‘The Artist’s Contract’ (1971) to Smart Contracts: Remedies for Inequity in the Art Market in Historical Perspective”

On February 28th I was honored to give a lecture on some in-progress research since beginning my fellowship in the Digital Life Initiative at Cornell Tech.

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The Artist’s Contract’ (1971) to Smart Contracts: Remedies for Inequity in the Art Market in Historical Perspective.

Abstract: In 1971 Conceptual art curator-publisher Seth Siegelaub and lawyer Robert Projansky created The Artist’s Reserved Rights Transfer and Sale Agreement, a legal tool enabling artists to retain property and economic rights in their sold works. To Siegelaub, the “Artist’s Contract” would function as a clear statement of an artist’s desired rights, and its efficacy was ensured by the legal technology of contract and its promise of seamless and just transactions – “A perfect waffle every time!” However, the Artist’s Contract has been little-used and remains controversial, particularly for its stipulation for an artist’s resale royalty, and its demand for transparency in resales. Today however, numerous blockchain-based platforms for selling art employ smart contracts with terms similar to the Artist’s Contract. Here, resale royalties are not taboo, but are encouraged and enforced through the “promise” of smart contracts to automate a “perfect” transaction every time. But rather than rush to celebrate these technological potentials, might we pause to reconsider the value of contracts as systems of relations, rather than processes of automation, as law and society scholars have urged? These developments encourage a comparative view to historical contract technologies as we assess the unfolding implications of smart contracts and blockchain within the art market. 

Thanks to all who organized it and who came! 

CAA 2019

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This year at CAA I was thrilled to participate in two panels:

Letters to Lucy organized by the Archives of American art, presenting my paper “Whatever you do, do not give up the art battlefield”: Legal Activism, Contracts, and Collaboration between Seth Siegelaub and Lucy Lippard

and…

Bitcoins, Artcoins, Blockchains, Art, and Art History organized by the Art Historians of Southern California, presenting on The Artist’s Reserved Rights Transfer and Sale Agreement as Smart Contract

Completely exhausting and completely fun and rewarding, as it goes! 

 

Nov. 9, 2018: Panelist on Blockchain, Contracts, and Artists’ Participation in Markets, NYU

Colloquium: Blockchain, Contracts, and Artists’ Participation in Markets
 

NYU MA in Visual Arts Administration
Einstein Auditorium, Barney Building, 34 Stuyvesant Street
Friday, November 9, 2018: 6:00 – 8:00 pm

From the organizers:

In the past year, blockchain technology has pervaded the art world, and many panels and symposia have explored the application of blockchain technologies to the sale of artworks. The distributed ledger structure of the blockchain offers compelling use cases in provenance and authentication, while potentially disrupting (or complementing) existing norms around privacy or opacity of information. This panel explores the impact of blockchain from an artist’s point of view, especially in light of digital-native artworks. Despite the newness of blockchain’s adoption in the arts, in fact efforts by artists to initiate contracts and to participate in markets have a longer history.

Panelists:

– Kevin McCoy, Associate Professor, NYU, and co-founder of Monegraph
– Abraham Milano, Chief Technology Officer of Dada.NYC
– Angela Redai, Vice-President of Art Strategy for Portion.io and art attorney
– Lauren van Haaften-Schick, PhD Candidate, History of Art and Visual Studies, Cornell University, and DLI Doctoral Fellow, Cornell Tech
— Amy Whitaker, Assistant Professor, NYU (moderator)

Organized by the Art Finance Society.