15
CALL
CREATING A LIVING LEGACY
» Direct Charitable Activity
Where the foundation does not just fund others’ work but provides their own programming, as with a school, museum,
exhibition space, residency, studio, study center, etc.
» Estate Distribution
The organization works to execute the estate plan in an active way, distributing assets not otherwise directed in the plan.
» Support the Artist’s Legacy
The foundation can support the endowing artist’s legacy through exhibitions, public programs, preservation of the artist’s
archive, and other programs and projects.
The foundation may also be established to accomplish many of the above functions in combination.
Artist endowed foundations may be funded in a variety of ways. Some may be established during the artist’s life with only
nancial assets; others may be stocked with artwork to be sold under certain conditions or at certain intervals. However, the
sale and management of such work is critical and must be given careful and professional thought. Real estate, one’s studio, or
other possessions may be part of the foundation’s endowment as well. It all depends on what the artist owns and how he or she
wishes to structure it.
Many of the artist endowed foundations
currently in existence were created by artists
with living spouses and children at the time of
their death. Sometimes, though, the immediate
family’s direct involvement with the foundation
is deliberately restricted. These foundations
can provide a legal vehicle for one’s legacy
where the expectations, responsibilities, and
preferences of personal relationships are not as
large a factor.
The artist endowed foundation may not be
suitable for every scenario. The founding
artist should have sucient assets at the
outset that will be used to fund the entity. It is
important to keep in mind that administrative
and other costs associated with managing
and maintaining such a foundation for any
duration may be considerable and can consume
most of a smaller endowment. Therefore, an
endowment consisting only of artwork that does
not have certain marketability will most likely
be insucient. When working with a smaller
amount of assets, consider other possibilities,
such as trusts and bequests.
If considering a foundation, be sure to speak
with an attorney who has experience with
private foundations, as they are subject to
particular requirements, both in establishment
and in operation.
Sidebar Case: Martha Graham
The famed choreographer Martha Graham left the
copyrights to her work to an individual who was
the head of the Martha Graham Foundation.
An unanticipated problem arose when that
individual had a falling out with the board of
directors of the Martha Graham Center of
Contemporary Dance, a separate institution, and
barred the Center from using any of her dances
or written works.
The Center had a potential claim to the works
because she had been an employee. The Center
faced a nancial crisis and an expensive year-long
lawsuit followed before the Center was granted
the rights.
Would the artist really have wanted this outcome?
The creation of particular rules and permissions
around the rights to the work could have avoided
this problem.