extending the control of your artistic rights

"When Less Isn't More: Illustrating the Appeal of a Moral Rights Model of Copyright Through a Study of Minimalist Art"
by Rikki Sapolich
2007, The Intellectual Property Law Review

This article presents the case of a European model for copyright in which, after the sale of a piece of art, as the creator, you can still maintain control of the art in certain ways. Perhaps, you seek to keep a three paneled painting as a single piece of art and you want to restrict future owners from selling off the panels individually? This article explains the pros and cons of a intellectual property system that allows creators to protects certain rights of their artwork for the duration of their lives (the lives of the artworks that is!)

"American copyright law developed to meet the constitutional mandate '[t]o promote the Progress of Science and useful Arts' by providing an economic incentive for artistic creation. Under the assumption that a major influence on the creation of art is the incentive of anticipated market demand, American copyright law grants artists the exclusive right to copy their work as an incentive for the artist to create, in turn benefiting society through increased availiability of works of art. This assumption fails, however, when applied to fine artists, who are generally outwardly influenced by culture and internally influenced by the desire to create, because economic incentives available under American copyright law are immaterial. Moral rights, as provided under European copyright law, are better adapted to address the interests of fine artists because they protect not only the finished work, but also the artist's control over the creative process and ultimately her persona and reputation. Protecting the artist's persona and reputation serves as an incentive to create. The artist will be more willing to expose her inner self, as expressed through her art, if she is assured that the public will treat her art with respect." (pg. 453