Who owns the rights to documentations of performance art?

As a curator specializing in contemporary art from the 1960s to the present, with a particular interest in performative works by such artists as James Lee Byars and Yves Klein, I was alarmed by a recent court ruling on the issue of who owns the copyright to the photographic documentation of artistic performances. A German court ruled in favor of Eva Beuys, the widow of the artist Joseph Beuys, who claims that she controls the rights to photographs taken during Beuys’s 1964 performance Das Schweigen von Marcel Duchamp ist ├╝berbewertet (The silence of Marcel Duchamp is Overrated). The photographs were taken by the late Manfred Tischer who was granted permission to document the performance by Beuys at the time, but apparently was not authorized explicitly to publish or exhibit them. When the German museum Schloss Moyland, which houses an extensive collection and archive of Beuys’s works, decided to exhibit 19 of Tischer’s photographs, the artist’s widow sued the museum of copyright infringement with the help of the German copyright society, VG Bild-Kunst. Continue reading