Is Trust Enforceable? The Conservation of Contemporary Artworks from a Socio-legal Perspective

The conservation of works of contemporary art is a complex endeavour and involves a variety of actors. As well as the artist, museums, collectors, gallerists and conservators are involved in activities relating to conservation. It is not self-evident that all of them will have the same interests when dealing with a contemporary artwork. Conflicts can occur in relation to the conditions of ownership, access, display, and integrity of the artwork. In order to manage a divergence of expectations, it is essential for parties to trust that they will work according to shared values and beliefs. This chapter explores the relationship between artists and museums in terms of trust and control and considers the role that contracts can play to manage expectations of artists and museums, and to regulate aspects of the conservation of contemporary artwork currently not addressed by copyright law. Drawing on literature from the fields of sociology and art, as well as an interview with Cuban artist Tania Bruguera, we explore how trust and control influence the relationship between the artist and the museum. Legal doctrinal methods help us to explain how copyright law applies to aspects of the conservation of contemporary art, and what provisions contracts could include to address parties’ expectations.