Part 3 – Seth & Bob’s contract

Seth Siegelaub was a New York Art dealer, curator and researcher, who along with lawyer Bob Projansky published  The Artist’s Reserved Rights Transfer and Sale Agreement in 1971.

A very deliberate function of this initiative was that it was designed to serve the same purpose as a Royalties Act, by specifying a 15% return to the creator upon Resale. But, being contractual, it is more flexible in its approach, and there is nothing to stop an Artist customising the terms to suit their own preferences.  So, it would seem at first sight that Seth and Bob’s contract offers a much more flexible way of dealing with the Latency Problem.

The contract has been translated into a number of languages, and variations of it are in use throughout the world, but uptake has been pedestrian.

Shortly before he died, I telephoned Seth to discuss the reasons why.

The main issue that arose during our conversation was the practicability of enforcement,  (something I’ll talk about in more detail in this post).  But perhaps more importantly, not enough consideration was given to how it might be attractive to the Buyer of Artworks – a common theme amongst our prospective Latency Problem solvers, as we shall see…

In Part 4…  London, and the year 2010, where things are getting interesting…