Art's Core: Ajogwu & Castellote on Authenticity and Ownership
Professor Fabian Ajogwu SAN and Dr. Jess Castellote's "Creating Art: Authenticity and Ownership in the Visual Arts" provides a sharp analytical look at two fundamental aspects of the art world: what makes art genuine and who rightfully owns it. Offering a well-rounded view, the authors anchor their discussion in legal principles and illustrative real-life examples, revealing the complexities of artistic authenticity that go beyond simply naming the creator
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Creating Art: Authenticity and Ownership in the Visual Arts by Professor Fabian Ajogwu SAN and Dr. Jess Castellote offers an analytical dive into two defining forces within the art world: authenticity and ownership. Ajogwu and Castellote present a balanced perspective, grounded in legal frameworks and real-world case studies that unpack the many facets of authenticity beyond straightforward attribution.
The book argues that an artist’s intent, the work’s cultural context, and its journey through preservation and restoration all contribute to what might be defined as “authenticity.” This dynamic concept resists reduction to a single moment of authorship, a perspective that calls readers to consider the afterlife of artworks—their ownership transfers, re-contextualizations, and even the commodification that impacts their cultural and financial worth. Here, the authors also engage with a delicate subject: the role of institutional and private collectors who, knowingly or unknowingly, may shape a work’s perception through the provenance they ascribe to it.
By examining copyright law through its foundational elements of authorship, innovation, and economics, Ajogwu and Castellote unravel the complexities of ownership in the art world. Copyright, as the authors illustrate, is not merely a shield for intellectual property; it is a critical means for artists to ensure financial stability and market control. The legal rights discussed, especially moral rights—the rights to attribution and integrity—are presented as vital protections for artists who might otherwise face their work being reshaped or commercially exploited in ways that conflict with their original vision. This issue is particularly pertinent given today’s global art market, where commodified art and big-name branding frequently overshadow originality.
Ajogwu and Castellote meticulously explore these concepts with an emphasis on clarity. Readers are guided through topics that might otherwise appear opaque, such as the international dimensions of copyright law, the specifics of infringement and appropriation, and the nuances of collaborative ownership in the digital age. Their use of case studies strengthens this approach. Each study sheds light on real disputes over authorship and infringement, where artists’ and collectors’ interests clash in courts or behind closed doors. These cases do not simply illustrate the mechanics of copyright; they reveal the fragile ecosystem in which art exists—a space where financial interests, cultural narratives, and legal frameworks intersect.
The book’s primary focus is the artists who, perhaps more than any other group, rely on copyright for their financial viability. Ajogwu and Castellote argue convincingly that copyright mechanisms, like licensing and resale royalties, are essential tools that artists can use to capitalize on their work without sacrificing their creative autonomy. For many, this book serves as a guide to navigating the often bewildering terrain of copyright law, outlining how artists can employ these frameworks to retain control over their creative legacies while securing diverse revenue streams.
This book is not only an instructive resource but a critique of the power dynamics that shape art. Ajogwu and Castellote navigate the reader through a landscape where institutions, collectors, and artists each hold distinct but interconnected roles.
In Creating Art, Ajogwu and Castellote have written a compelling work that speaks to the legal practitioner as much as it does to the artist and collector. It is both a resource and a call to action, advocating for a nuanced understanding of authenticity and ownership as forces that not only define the value of art but also protect its integrity.
Creating Art: Authenticity and Ownership in the Visual Arts is widely accessible and available at major bookstores like Jazzhole, Quintessence, and Ouida, as well as on platforms like Amazon, making it an invaluable addition to the library of anyone invested in understanding the intricate layers of art’s worth, meaning, and preservation.