A Statement on Standards for Sculptural Reproduction and Preventive Measures to Combat Unethical Casting in Bronze

PART II: STANDARDS FOR SCULPTURAL REPRODUCTION AND PREVENTATIVE MEASURES AGAINST UNETHICAL CASTING

The Problems of Modern Sculptural Reproduction in Bronze: The Surmoulage by Means of a Bronze Cast From a Finished Bronze

Abuses in reproductions unauthorized by the artist of modern sculptures not protected by copyright have resulted both in violation of artists' rights and the integrity of their work, and caused confusion in the mind of the public. One of the most flagrant abuses that is increasing here and abroad is that of casting bronzes not from the artist's approved master plaster or waxes but from bronzes either made by the sculptor in his lifetime or by his estate. For many reasons this form of surmoulage is pernicious:

1. It violates the artist's right of restricting bronze casting to his plasters, waxes, or terra cottas.
2. The integrity of the original bronze used to make a second edition is violated because the resulting surmoulage is smaller in scale and of demonstrably diminished definition and hence is of lesser quality.
3. Owners of the original bronze edition have seen their work devalued.
4. The public becomes confused about which were the bronzes made from the plasters, waxes, and terra cottas.
5. There is no limit to future recasting from bronzes and even further loss of quality will be the result.

In our opinion a bronze made from a finished bronze, unless under the direct supervision of the artist, even when not prohibited by law and authorized by the artist's heirs or executors, is a counterfeit as it imitates, resembles, has the appearance, or is a copy of the original, with or without implying deceit. The argument that this form of replication increases the audience for an artist's work must be rejected on the grounds that what is made available is not an authentic work by the sculptor.  

Enlargements

A second unethical and pernicious practice of sculptural reproduction is the enlargement of a sculptor's work by his heirs or executors or the owners of his work. Even when an artist had enlarged certain of his own works during his life, to have this done after his death to works he himself had not enlarged is presumptuous and unethical on the part of those responsible. When the artist was alive it was he who decided which works would or would not be enlarged, to what specific scale, in what medium, and whether or not proportions and details had to be changed. The sculptor often knew to whom he could entrust the process of enlargement and he alone could judge whether or not the results were successful. Crucial to the incentive for and success of the enlargements are the sites which the artist alone should determine or consent to and which might influence his decisions about the final scale of his sculpture. The only exception to the foregoing would be in the event that the artist left specific and verifiable instructions about the future enlargement of his sculpture and its location and that these wishes were scrupulously adhered to.

Unauthorized Translation Into New Materials

A more complex problem of sculptural reproduction occurs when the artist's heirs or executors cast his work in a new medium other than that clearly intended by the artist for the final version of his work. This would be the case when an artist's work was originally carved in wood or stone and then posthumously cast in bronze. In the absence of authorization from the artist this form of moulage should also be rejected as unethical. In some cases a sculpture made in fragile materials has been reconstituted in bronze or steel by heirs or owners. A less frequent but equally disturbing practice is that of heirs causing sculptures to be made from drawings or paintings made by painters who had little if any history of such transfer in their own lifetime. In all cases those responsible for this new form of reproduction have the serious responsibility of proving without doubt that they are carrying out the explicit intentions of the artist at the time of his death rather than acting on their own initiative.

Authorized Posthumous But New Castings From Plasters, Waxes, and Terra Cottas

The most difficult practice of sculptural reproduction on which to pass judgment is that of authorized posthumous castings from plasters waxes and terra cottas that in the artist's life were never transferred into bronze. Those responsible for the new casts in bronze have the clear and serious responsibility of making known the source of their authority and basis for their judgment as to which works should be cast, the size of the edition, and defense of the quality of the new castings. The date of the new casts should always be on the bronzes. Some heirs and executors are confronted with the serious responsibility of preserving from deterioration fragile sculptures in clay or wax or plaster and in such cases bronze casting might be construed as an appropriate discharge of that trust if the above conditions were met.

Where the verifiable intentions of the artist specifically allow posthumous new bronze casts and they are of good quality according to expert judgment, it is a matter of the buyer's philosophical attitude towards the propriety of acquiring such works. There have been instances when posthumous castings have been superior to some produced by the sculptor himself. This has occurred when the artist was a painter and unfamiliar with the sculptural reproductive process or when a sculptor did not have access to a good foundry. Some experts reject even legalized posthumous casting as inauthentic and unethical because the artist could not supervise or check the foundry work in the new edition. In this view the purity and dignity of the artist's work cannot be maintained after his death. Other experts do accept as authentic, even if not as desirable as lifetime casts, bronzes made posthumously under controlled conditions and specific authorization. They credit the artist with taking into account the perils of posthumous casting as well as his trust in his heirs and executors. While recognizing that a case by case study may be preferable to generalized approval or condemnation, it is our view that both side share merit. The public should know of this dissent, however.

Measures to Inhibit International Traffic in Unethical Sculptural Reproduction

In the absence of laws, or until such time as the appropriate laws may be passed to discourage the continued practice of undesirable sculptural reproduction and to protect artist and the public, we strongly recommend the following:

1. All sculptors should copyright their work by affixing to the sculpture the international copyright symbol, their name, and the year of the cast.
2. Sculptors should leave clear and complete written instructions or put into their wills their desires with respect to the future of their works after their deaths or in the event of their incapacity to continue work.
3. Consideration should be given to the possibility of legislation in this country which would give artists rights comparable to those under European moral rights laws (the "Droit Morale").
4. The copyright period should be lengthened.
5. All heirs and executors of the sculptor's estate should be scrupulous in discharging their responsibilities and when necessary should consult with experts on such questions as those of new castings.
6. All posthumous casting or reproduction of an artist's work must be clearly identified by information supplied when possible on the work of art itself, as well as on all invoices, bills of sale, catalogues, and advertising. This information should include the actual date of the new cast, the name of the foundry, the size of the edition, and whether or not the work is a surmoulage or of a different scale than the original.
7. All bronze casting from finished bronzes, all unauthorized enlargements, and all transfers into new materials, unless specifically condoned by the artist, all works cast as a result of being in the public domain should be considered as inauthentic or counterfeit. Unauthorized casts of works in the public domain cannot be looked upon as accurate presentations of the artist's achievement. Accordingly, in the absence of relevant laws and for moral reasons, such works should:
• Not be sold by art dealers or auctioneers.
• Not be acquired by museums or exhibited as works of art.
• Not be cast by foundries.
• Be clearly identified for what they are by art historians and critics who may write about them.
8. Artists, scholars, critics, and dealers should give all possible assistance in exposing the described abuses.
9. Museums and galleries should clearly and fully label works in their collections by providing information on the original date of the sculpture's creation, the actual date of the cast if known, or if not known so indicate it. If, for example, an artist never cast a bronze from a plaster, the posthumous bronze sculpture should be so identified on the label affixed to the pedestal and so noted in the museum gallery or auction catalogue. The authority for the posthumous casting should also be credited.

Summary

There must be full disclosure of pertinent information by those responsible for casting bronzes. Each cast must have on it information as to date, foundry, size of the edition, and whether it is an enlargement, surmoulage, or change in the final medium used by the artist in his lifetime. Additional information called for above should be part of the documentation that accompanies the sculpture. If necessary, legislation should be passed to insure this full disclosure.

In accordance with the foregoing, lifetime casts of good quality made by the artist or under his supervision and with his approval of the resulting edition are desirable.

To be considered as less desirable are posthumous castings authorized by the sculptor to be cast from his plaster, wax, or terra cotta sculptures under controlled conditions and of good quality compared to that which the artist himself achieved.

Posthumous castings from finished bronzes, unauthorized casts such as those made as a result of work being in the public domain, enlargements unsupported by verifiable instructions from the artist, posthumous translating of a carving into bronze, or work in any material other than wax, terra cotta, and plaster that is bronze cast for the first time, are undesirable.

The initial draft of this statement was prepared by Albert Elsen, President, College Art Association.

At a meeting on April 12, 1974, the statement was amended and amplified by the following: Mr. Gilbert Edelson, Honorary Counsel, College Art Association; Mr. Domenico Facci, sculptor, representing Artists Equity Association; Mr. Sidney Geist, sculptor; Mr. Robert Kashey, Shepherd Gallery Associates; Mr. H C.L. Merillat, attorney; Mr. George Sadek, Vice President, College Art Association; Mr. John Tancock, Sotheby Parke-Bernet; Dr. Joshua C. Taylor, Director, National Collection of Fine Arts, representing the Association of Art Museum Directors; Mr. Max Wasserman, Fogg Art Museum; Mr. Edward Wilson, sculptor, Artists Committee, College Art Association; Mrs. Virginia Zabriskie, Zabriskie Gallery, representing the Art Dealers Association.

Additional commentators on the initial draft were Professor Jacques de Caso, University of California, Berkeley; Professor Edward Fry, University of Toronto; Mr. Lanier Graham, M.H. De Young Memorial Museum; Dr. Sherman Lee, Director, Cleveland Museum Of Art; Professor John Merryman, Stanford University School of Law; Professor Athena Spear, Oberlin College.