The Artist’s Estate

A family friend Katja Neuburger who escaped to London from a concentration camp, briefly housed the well-known artist, Kurt Schwitters. She would rue the fact that she threw away so many of his drawings that he put in the bin, valued today at £ 10,000. 

Andy Warhol famously said "death can really make you look like a star" and “death means a lot of money, honey”. Sadeqain and Gulgee paintings and drawings became worth much more posthumously.  Even in the lifetime of an artist, he or she may have sold their works very inexpensively only to find they later increased greatly in value.

Art purchases are one of the more stable investments, as it is a tangible asset, especially when there is a transiting market. While the seller benefits, the artists rarely do.

In 1920 in France, a landmark law was enacted when the destitute family of French painter Millet, claimed a share in the resale of his work, The Angelus, which originally sold for $100 but 15 years after his death was sold for $ 150,000.  Droit de Suite  ensures a percentage is paid to the artist throughout his lifetime and to his heirs or estate after his death with each subsequent public sale. The percentages and duration varies from country to country, averaging 0.25 % for sales above $ 500,000 and upto 4% for lower prices. The EU legislated the Resale Rights Directive in 2006, but not every country has these laws.

Rembrandt, El Greco, Modigliani, Vermeer, Van Gogh and Gauguin died in poverty, but today their works fetch millions in auction houses. Picasso was the first savvy artist who managed the production and distribution of his art to ensure its high pricing and keep his collectors eagerly waiting.  He did not make a will, leaving 45,000 works and 7 heirs to battle out ownership. Henry Moore established a charitable foundation in his lifetime, becoming an employee with an annual salary. The majority of artists, such as Salvador Dali and Sadeqain , leave their artworks in disarray upon their death, often leading to forgeries.   In 2011, Bonhams sold a painting by Ahmed Parvez, who died in poverty in 1979, a year after receiving the President's Medal for Pride of Performance, for £20,400. One wonders if his wife, Reiko Isago Ahmed  or his son, Aleem Ishago Pervez  received any resale percentage.

Artist initiatives such as The Artists Legacy Foundation in California, advise on resale income and planning estates. Living artists increasingly have agents. Artists are advised to keep a record of their works as an authenticating document to pre-empt fakes; buyers are advised to maintain provenance keeping track of where the work was purchased with proof such as a gallery receipt. Professional galleries are required to inform the artist of the name and contact of the buyer who also agrees to inform the artist if he resells the artwork. This practice is avoided in Pakistan, as the galleries fear the artist will bypass the gallery once a collector is identified. One can only imagine the chaos the future holds for art documentation in Pakistan.

One often hears complaints about the high prices of art in Pakistan , but one has only to make a comparison with sportspersons, lawyers, movie stars, musicians to realize it is not an equitable position.

Seinfeld and his fellow actors, producers and investors earn millions each time old episodes are aired, as do other creative professionals such as musicians, songwriters, photographers, writers all of whom get the benefit of royalties. Sting earns $2000 a day in royalties from his song ‘Every Breath you take” because Puff Daddy appropriated part of the song for the chorus of ‘I’ll Be Missing You,’ without seeking permission. If he had he would have paid 25% instead of 100% to Sting.

Pakistan has Copyright Laws and Intellectual Property Rights Laws for creative works, but these can only benefit the creator when infringed rather than establishing a royalty or resale income.  

Too many Pakistani musicians, sportspersons and artists, end their lives in abject poverty. Resales of art, remakes of songs or reruns of films on Filmazia should result in a financial share for the original creators and performers, or their heirs. Forgotten ustads, actors and sportspersons go through the humiliation of asking for funds from arts councils or government, and charity institutions.  The Olympic medalist, Hussain Shah, left the country disappointed to become a boxing trainer in Japan.

In a  2011 Dawn report, the folk singer Zeenat Sheikh was seen begging in Thatta, which roused the government to award a lifetime grant of Rs 10,000 a month. In 2015, the Khyber-Pakhtunkhwa Directorate of Culture decided to pay a stipend of Rs30,000 per  month to 500 artists and singers in need.

Instead of relying on charity, these people who have contributed to their country image in so many ways and have encouraged new generations, deserve a system that enables them to retire reaping the benefits of the productive part of their careers.   

Durriya Kazi

September 13, 2017