Associate Professor Eva E. Subotnik, St. John’s University School of Law, has made available for download her research paper, The Fine Art of Rummaging: Successors and the Life Cycle of Copyright, published in the The Research Handbook on Art and Law. The Abstract is as follows:
This chapter argues that a possible justification for the extension of copyright beyond the death of the author is the key role that copyright successors may serve in the life cycle of artistic works. In particular, with respect to an artist’s unpublished work, a time-sensitive decision must be made about whether or not to keep the physical artifacts associated with copyrights—an obligation that often falls to these successors. Bulky canvases, sketches, negatives, and myriad other items must be sifted through in order to separate the wheat from the chaff. In this way, the post-death cleanup period offers a once-in-a-lifetime event in which copyright successors can serve a socially valuable function.Subotnik, Eva E., The Fine Art of Rummaging: Successors and the Life Cycle of Copyright (June 17, 2019). The Research Handbook on Art and Law (Jani McCutcheon & Fiona McGaughey eds., Edward Elgar Publishing Ltd., 2019, Forthcoming) ; St. John’s Legal Studies Research Paper No. 19-0028. Available at SSRN: https://ssrn.com/abstract=3405536
Posted by Jessica Zhang, Associate Editor, Wealth Strategies Journal.