Ajogwu Unveils New Book, Creating Art:  Authenticity and Ownership in the Visual Arts

CLDS Publishing and Pan-Atlantic University have announced the release of “Creating Art: Authenticity and Ownership in the Visual Arts” authored by Lagos Business School Professor of Corporate Governance, Fabian Ajogwu, SAN, and Director of the Yemisi Shyllon Museum of Art at the Pan-Atlantic University, Dr. Jess Castellote. This much-anticipated second work in their series on art collection and creation is a groundbreaking book that delves into the intricate legal and contractual aspects of visual art, providing crucial insights for artists, collectors, art professionals, and anyone interested in the art world.

Following the success of their book, “Collecting Art: A Handbook,” which demystified the complexities of art acquisition, documentation, and storage, Ajogwu and Castellote now turn their attention to the multifaceted challenges surrounding ownership, authenticity, and intellectual property rights in visual arts. The new book aims to equip readers with the tools to navigate the increasingly complex art world where creativity, innovation, commerce, and cultural appreciation intersect.

In the foreword to this book, the highly-regarded Igwe Alfred Nnaemeka Achebe, CFR, the Obi of Onitsha (Agbogidi), stated that “Visual artists need to be proactive in preserving their copyright, to ‘exclude all others,’ and to prevent unauthorised reproduction, distribution, or adaptation of their creations. This book dissects the legal frameworks beneficial to the art world, navigating from the fundamentals of intellectual property rights to practical strategies to secure and enforce these rights.”

“Creating Art: Authenticity and Ownership in the Visual Arts” offers an in-depth exploration of topics crucial to understanding art law, such as copyright, originality, authorship, authenticity, and the ever-evolving landscape of digital art. Drawing from real-life case studies and practical examples, the book serves as an indispensable guide for artists, collectors, gallerists, intermediaries, and all who operate in the visual arts.

Key features include: A comprehensive exploration of intellectual property rights, particularly copyright and trademarks, as they apply to visual arts; Insightful discussions on key issues such as originality, authenticity, authorship, and moral rights; Real-life case studies and practical examples demystifying complex legal concepts; Guidance on navigating the evolving landscape of digital art, including the impact of emerging technologies on authenticity and ownership; and Practical strategies for balancing creativity with commerce, ensuring artists can generate revenue while staying true to their vision.

Empowering Creativity Through Knowledge

“In an era where the lines between art, law, and technology are increasingly blurred, it is imperative for artists to understand the legal aspects of art creation and ownership. Our book aims to empower artists and art professionals with the knowledge they need to protect their rights and navigate the complexities of the art market,” says Professor Ajogwu.

Dr. Castellote adds, “We have created a resource that makes complex legal concepts accessible to everyone in the art world. Whether you’re an emerging artist or an established collector, ‘Creating Art’ provides the tools you need to navigate the art market confidently and thrive in today’s rapidly evolving landscape.”

In referring to the first book in the series, the authors stated, “Building upon the foundation laid by our previous work, ‘Collecting Art,’ we now address the critical topics of copyright, authenticity, ownership, and fraud within the visual arts. Our ongoing commitment is to tackle the complexities inherent in these issues.”

The authors emphasise that authenticity is not static but dynamic—spanning the entire life of an artwork, from its creation to its preservation, restoration, and display. They further explore the challenges of balancing artistic integrity with commercial interests, a tension faced by artists since the days of Vincent van Gogh, who epitomised the struggle of the “starving artist.” Today, understanding the intersection of art and commerce is not just beneficial but necessary for artists seeking recognition and financial sustainability.