For different reasons, the three approaches described in Part’s 2, 3 and 4 have not been able to solve the Latency Problem, either because they are impractical, compromised in their intention, or aim to circumvent the problem.
So is there any hope for the creator of one off or Limited Edition Art products ever receiving an equitable level of protection for their Latent Value, as is afforded writers, musicians and filmmakers via copyright law?
Ongoing efforts by UNESCO, and via the Berne Convention encouraging global acceptance of Resale Royalties Legislation is a step in the right direction. But what if global acceptance in all of the world’s different legal jurisdictions doesn’t happen? Or what if it does happen but the percentage of Royalty returns remains broadly sub 5%? Can we perhaps compliment Legislation with private enterprise? Can we create a market that facilitates the process of Latent Value Emergence rather than working against it or trying to circumvent it, for the benefit of Artist, Buyer, and Fine Art culture?
The key to answering that question is reflected in the case of Tom Saunders’s ‘EADC’, and becomes clear when examining the true nature of the Latency Problem within the context of its economic realities.