Residual Rights—Can the Concept Be Implemented?

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Rubin Gorewitz, coauthor of an artists’ rights bill under study by Congress, noted that the mafia is now buying art for profit and that his bill would discourage them. He also said it would deter thieves. This reporter doesn’t see how a thief would be prevented from selling to a secret buyer who wants the work only for himself. Moreover, work could still be held for ransom, a common purpose of art theft.

Residual Rights for the Visual Artist—Are They Desirable?

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The panel got off to a late start because Robert Rauschenberg and Robert Scull were still out to dinner—together. Then Lawrence Fleischman opened by objecting to the residual agreement, a not-unexpected position for a dealer. Artists would be more hurt than helped, he said; anyway, “90 percent of artworks go down in value.” Paula Cooper was in favor of the 15 percent, but pessimistic about implementation. She has one artist who uses the voluntary contract, but says she meets buyer opposition.