Intellectual property rights have changed the market value and direction of artistic innovation throughout art history, in particular when new creations built on the art of predecessors. In this paper, we test how changes in legal frameworks and litigation risks affected market value and commercial trade around artistic reuses in the figurative arts and the 'Appropriation Art' movement in particular. Appropriation artists borrow images from different sources and incorporate them into new, derivative works of art. By doing so, they risk infringing copyright but also put auction trade and artwork availability at litigation risk as liability can extend to market intermediaries, such as auction houses, museums, or galleries. Using a differences-in-differences model and large-scale online data, we investigate the causal impact of the prominent \textit{Cariou v. Prince} U.S. higher court decision on intermediary trade and the availability of artworks on sale in the Appropriation Art. As an exogenous shock, this decision changed the perceived litigation risk for market intermediaries around what constitutes fair use. Following the court decision, we find a temporary decline in the total number of global auctions in the Appropriation Art, a lower sales probability of these artworks, and a relocation of related auctions to non-U.S. houses. https://doi.org/10.1007/s10824-023-09470-1

This article summarizes standard film financing practices for the production and distribution of new content over the past 30 years using a mixed-methods approach. It takes the U.S. movie industry as a case in point to study how excess risk and uncertainty in the financing of new projects are processed and managed by private-sector, entities as well as what market-based solutions have been developed to prevent market failure. The research has wide-ranging implications for other creative industries and their use of intangible assets in creative content finance. In particular, it discusses the prominent role of intellectual property rights in financial transactions in the U.S. audiovisual sector and the ability of the industry to leverage funds through the strategic use of its IP assets. The research findings are based on a series of semi-structured interviews, commissioned expert memoranda, and a dedicated panel of selected industry experts. In addition, using novel data from Uniform Commercial Code filings and official IP registers, we conduct exploratory analysis and provide descriptive evidence on the use of credit and intangible collateral as well as the industry diffusion of such practices. In light of the digital transformation of the industry, this research also documents industry trends and recent changes in U.S. film financing and provides an alternative explanation for the surge in new titles. Finally, we outline generic policy options for improving the financing environment for new films in the United States. The results could help to inform the larger debate on IP-backed finance and the strategic use of intangible assets in content industries.

Publicity rights provide exclusive control over the name, image, voice, and likeness of celebrities, both living and deceased. These rights, originally derived from personality rights, have evolved into significant commercial assets, especially in the digital age with the advent of artificial intelligence. This paper addresses the economic impact of post mortem publicity rights building on a sample of recent deaths of popular U.S. creators and artists. We are the first to present empirical evidence on the causal effect of rights on their posthumous online popularity and commercial success of celebrities' estates exploiting variation from the staggered adoption of U.S. state laws. Moreover, we examine the use of publicity rights in preventing unauthorized uses and online misconduct, particularly in the context of new technologies and deepfakes. Our economic evidence contributes to the debate on whether post mortem publicity rights provide economic incentives and how these complement or substitute incentives provided by other types of rights (copyright, trademark). This research aims to inform the on-going policy discussion and legal discourse in light of technological advancements.

We provide quantitative evidence from museum collections about how copyright status affects the availability of digital images of artworks. The paper applies a regression discontinuity and differences-in-differences design to estimate online availability of artworks from U.S. collections on digital-platforms. We find a strong increase in the availability of digital surrogates when copyright is perceived to expire and original artworks are likely to transition to the public domain. Moreover, artworks and surrogates made available see a large number of downstream reuses based on google image search data, which indicates online availability is of commercial and public value independent of right status. Notably, we show that upstream surrogates of public domain artworks made available by museums are positively correlated with higher image resolution quality as compared to digitized artworks still protected under copyright laws. At the same time, it seems expressed industry norms can help encourage U.S. museums to also make low-resolution surrogates of copyrighted artworks available.

This paper studies the death effect on artists' exhibitions and commercial success in the secondary art market. Based on a random sample of 1'000 popular artists born after the turn of the 20th century, we construct a novel panel data set of their worldwide exhibition history and auction transactions. By applying a regression discontinuity and event-study design, we find an overall negative effect of artist death on exhibition outcomes. However, this post-mortem effect disappears in longer term. Roughly ten years after death, exhibitions are back to pre-death levels. Arguably, transaction cost and higher auction prices after death also temporarily increase the average cost of exhibiting artworks, e.g. higher market valuation raises (unobserved) insurance cost for exhibitions. Hedonic auction price models confirm this intuition and suggest a significant price premium posthumously. We find substantial heterogeneity in the treatment depending on the age and reputation of the artist at death. Overall findings explain important mechanisms for the post mortem value of artistic work and have policy implications for the creative sectors, cultural preservation and legacy stewardship.

This paper assesses the impact of the pandemic crisis on self-employed income among artists resident in Germany. Using unique data from the latest available public insurance records, we show that musicians and performing artists are among the most vulnerable groups, and that writers, on average, are relatively less impacted. Moreover, the paper looks at the impact of the 2020 crisis on income differences by gender, career stages and regions, and it investigates the effect of specific non-pharmaceutical, public intervention implemented in German states.

Cuntz, A and M Sahli (eds), Resilience and Ingenuity: Global Innovation Responses to Covid-19, CEPR Press, London. https://cepr.org/chapters/covid-19-impact-artistic-income-evidence-germany