Art, Ownership and Creative Rights

In their latest book, Creating Art, Professor Fabian Ajogwu and Dr. Jess Castellote delve into the complexities of artistic ownership, authenticity, and copyright law, offering a nuanced exploration of the complex relationships between creators, their works, and the law. Okechukwu Uwaezuoke writes 

At first glance, the title Creating Art seems to promise an odyssey into the heart of creativity. But only until the reader notices that just beneath this title, the subheading—“Authenticity and Ownership in the Visual Arts”—lets on that it is rather about issues bordering on the artist’s rights. In this meticulously put-together book, Professor Fabian Ajogwu SAN and Dr. Jess Castellote delve into what, to the average reader, would be the nebulous territories of “the legal and contractual issues of the visual arts,” revealing the complex network of issues that underlies the art world.

The authors, with this latest book, seamlessly pick up from where they left off three years ago with their first collaborative book, Collecting Art. This new installment not only upholds the lofty standards of its predecessor but also elevates the conversation, delivering a richly layered and visually engaging exploration of the art world. As a result, readers are treated to a deeply immersive and satisfying experience, one that lingers long after the final page is turned.

With the very essence of art hanging precariously in the balance, the authors’ spirited collaboration had been honed into a razor-sharp discourse. Even now, with the release of Creating Art by CDLS Publishing, they focus on the most fundamental topic of all: who genuinely owns an artist’s creations? Can a buyer use a paintbrush like a magic wand, modifying a masterpiece to his or her liking? Or does the artist’s original aim remain sacred, a creative DNA that cannot be changed without jeopardising the artwork’s own soul?

It is, meanwhile, worth noting that despite their differing professional backgrounds, both authors share a deep passion for art. Professor Fabian Ajogwu, a distinguished legal practitioner and university professor with an impressive array of academic degrees and professional laurels, is also an avid art collector and co-founder of the Society for Art Collection. In contrast, Dr. Jess Castellote, a renowned  architect and independent art advisor to private and corporate clients, brings his expertise as an art historian and director of the Yemisi Shyllon Museum of Art to the table.

From the outset, the authors’ masterful exposé establishes an aura of unimpeachable authority, instantly winning the reader’s trust. Indeed, the duo’s stellar credentials and illustrious track record should serve as a powerful catalyst, drawing him into uncharted territory with the book’s inaugural chapter, “An Introduction to Copyright and the Rights of Artistes.” Like knowledgeable guides, the authors expertly illuminate the complexities of this oft-overlooked realm, rendering the unfamiliar familiar and the obscure accessible. 

The authors, in this opening chapter, conclude that the right to integrity, a vital moral value for artists, must be carefully balanced against the rights of work owners. Despite courts’ successful navigation of these complexities, originators of works must remain vigilant in defending their moral rights. These rights, as the authors define them on page 3, encompass the “intrinsic rights of creators to preserve the essence of their artworks”—a non-transferable and fundamental aspect of their creative ownership. They cite the Berne Convention, which provides a foundational framework for preserving moral rights, but its implementation and remedies vary widely, necessitating a re-examination in the digital era. Furthermore, excessive penalties for moral rights violations can have unintended consequences, blurring the lines between moral and commercial rights. Ultimately, Ajogwu and Castellote emphasise the need to balance competing interests and recalibrate the framework for safeguarding moral rights in today’s rapidly evolving landscape.

As the reader navigates the subsequent chapters, he is skilfully guided through the dense underbrush of legal landmines, with the authors periodically veering into the fascinating fog of history. This deliberate pacing allows for a richly rewarding and didactically illuminating journey, where complex concepts are expertly unpacked and clarified. Moreover, the authors are mindful of the pitfalls of academic jargon, and so they thoughtfully intersperse their scholarly insights with anecdotal asides and relatable examples. By doing so, they create a more immersive learning experience, one that draws the reader in and proves far more effective than a dry, didactic tone.

Hence, beneath its 296 pages of insightful analysis, this exposé reveals a thoughtful consideration for the reader’s attention span. The authors have clearly made a concerted effort to ensure that their expertise is not only shared but also understood, leaving the reader with a clear grasp of the key takeaways.

Indeed, one of the book’s most striking features is its masterful unpacking of complex issues. Like a matryoshka doll, each topic—such as the nuances of copyright infringement under Section 36 of the Nigerian Copyright Act (page 38)—gives rise to a nested set of related concerns, including derivative works, fair use, and appropriate application and authenticity and authentication. This clever structure conjures the image of an ascending spiral staircase, where each step upward reveals a broader panorama of interconnected ideas.

Besides, there is also the authors’ meticulous efforts at dissecting, with scalpel-sharp precision, the triple helix of copyright law—namely, authorship, innovation, and economics—laying bare the subtle interplay between these pillars and the life cycle of artworks. As they peel back the layers, authenticity reveals itself to be a rich tapestry, woven from the artist’s intent, cultural context, and the delicate art of preservation. But that’s not all—the authors also lift the veil on the financial mystique of copyright, exposing the surprising truth that it’s not just about protecting intellectual property but about securing an artist’s financial future. Apparently, the idea is that by handing artists the keys to their creative kingdoms, copyright laws can unlock a treasure trove of revenue streams, safeguard originality, and protect the artist’s vision from the ravages of time.

As readers swoon over the sleek packaging and meticulous editing of Creating Art, a keen-eyed observer might notice a subtle inconsistency—a lone US English spelling, ‘endeavor’, in the preface, nestled amongst a preponderance of UK English spellings woven throughout the book. While this minor quibble may seem like a trifle, it serves as a telling reminder that even the most fastidious editors can occasionally overlook a detail. Although the authors deserve praise for their tour de force, they would do well to remain vigilant, lest such oversights creep in unnoticed, undermining the overall polish of their work.