Intermediary Liability and Trade in Follow-on Innovation (with Alexander Cuntz)
Journal of Cultural Economics | VoxEU Column | EconomistTalkArt Blog | Spotify ArtLawPodcast | Talk Centre Photographie Genève
Intellectual property rights have changed the market value and direction of artistic innovation throughout art history, in particular when new creations built on the art of predecessors. In this paper, we test how changes in legal frameworks and litigation risks affected market value and commercial trade around artistic reuses in the figurative arts and the 'Appropriation Art' movement in particular. Appropriation artists borrow images from different sources and incorporate them into new, derivative works of art. By doing so, they risk infringing copyright but also put auction trade and artwork availability at litigation risk as liability can extend to market intermediaries, such as auction houses, museums, or galleries. Using a differences-in-differences model and large-scale online data, we investigate the causal impact of the prominent \textit{Cariou v. Prince} U.S. higher court decision on intermediary trade and the availability of artworks on sale in the Appropriation Art. As an exogenous shock, this decision changed the perceived litigation risk for market intermediaries around what constitutes fair use. Following the court decision, we find a temporary decline in the total number of global auctions in the Appropriation Art, a lower sales probability of these artworks, and a relocation of related auctions to non-U.S. houses. https://doi.org/10.1007/s10824-023-09470-1
Million Dollar Baby - A primer on film finance practices in the U.S. movie industry (with Alexander Cuntz, Alessio Muscarnera, Prince Oguguo)
This article summarizes standard film financing practices for the production and distribution of new content over the past 30 years using a mixed-methods approach. It takes the U.S. movie industry as a case in point to study how excess risk and uncertainty in the financing of new projects are processed and managed by private-sector, entities as well as what market-based solutions have been developed to prevent market failure. The research has wide-ranging implications for other creative industries and their use of intangible assets in creative content finance. In particular, it discusses the prominent role of intellectual property rights in financial transactions in the U.S. audiovisual sector and the ability of the industry to leverage funds through the strategic use of its IP assets. The research findings are based on a series of semi-structured interviews, commissioned expert memoranda, and a dedicated panel of selected industry experts. In addition, using novel data from Uniform Commercial Code filings and official IP registers, we conduct exploratory analysis and provide descriptive evidence on the use of credit and intangible collateral as well as the industry diffusion of such practices. In light of the digital transformation of the industry, this research also documents industry trends and recent changes in U.S. film financing and provides an alternative explanation for the surge in new titles. Finally, we outline generic policy options for improving the financing environment for new films in the United States. The results could help to inform the larger debate on IP-backed finance and the strategic use of intangible assets in content industries.
Is there a premium for legacy artists? The death effect in exhibition shows and auction transactions (with Alexander Cuntz)
Journal of Cultural Economics | EconomistTalkArt Blog | Last working paper
This article examines how an artist’s death influences exhibition activity and auction prices, providing new insights into artistic legacy and postmortem market dynamics in the visual arts. Using a panel dataset of exhibition histories and auction transactions for a sample of prominent artists born after the twentieth century, we employ regression discontinuity and event-study designs to identify causal effects. We find that an artist’s death leads to a significant temporary decline in exhibitions, which we attribute to increased transaction frictions, including search costs and legacy management challenges. In contrast, a significant postmortem price premium emerges in auction markets, consistent with idea of scarcity and finite supply. The magnitude of this premium varies substantially by legacy artist characteristics: young, low-reputation artists experience the highest price increases, suggesting buyers anticipate future appreciation in reputation. These findings contribute to the empirical literature on auction pricing, reputation effects, and transaction costs in cultural markets, offering broader implications for asset markets where supply constraints and information asymmetries shape long-term valuation.
Sustainability in Context: An Evidence-based (Digital) Preservation Lifecycle Investigation (with M. Pennock and J. Chenoweth)
This paper outlines the early work of the ReVerDi project, a collaboration between three national libraries and three university partners to explore the environment, economic, and social impact of 'Real Versus Digital' collecting decisions. It uses the Life Cycle Sustainability Assessment Methodology (LCSA) to develop an evidence-based approach for cultural heritage sustainability optimization, reflecting the wider operational context of collecting institutions in relation to the increased importance of environmentally sustainable collecting. This conference paper for the 2025 international digital preservation conference iPRES2025 presents the project's research methodology, outlines how ReVerDi fills a gap in the current research literature, and summarises our progress and thinking to date.
WP e-mail alexander.cuntz@wipo.int | Under review at AEJ: Policy
Publicity rights, which exist in the U.S. as individual state laws, can provide a degree of control over the name, image, and likeness (NIL) of celebrities, both living and deceased. These rights have evolved into significant commercial assets, especially with the advent of artificial intelligence and the rise of digital replica uses. Even though these rights have received substantial media and legislative attention over the past few years in the U.S., they have so far escaped the attention of economists. This article seeks to remedy that with the first empirical examination of publicity rights, exploring whether they provide potentially welfare-improving economic incentives and how they interact with other types of intellectual property rights (IPRs). We exploit asynchronous changes in U.S. state laws regarding the application of publicity rights combined with a battery of outcome variables from various sources to examine the causal relationship between publicity rights and celebrity popularity, related commercial activities online, copyright reliance, and trademark reliance. We find that, upon the loss of publicity rights, celebrities become less popular and engage in less commercial activities related to their NILs. We also find that rightsholders become significantly more reliant on copyright and trademark protection when they lose publicity rights, despite minimal direct overlap in the coverage of those IPRs, indicating rightsholders are able to indirectly appropriate the value of their NILs through alternative protections. Moreover, our findings imply that protection of NILs (which is a restriction on competition) can be welfare improving.
WP e-mail matthias.sahli@bfh.ch| Submitted to Journal of Cultural Economics
Cultural heritage institutions are increasingly digitizing public domain collections and sharing them on open platforms like Wikimedia Commons. While this promises broad visibility, there is little systematic evidence on how such content spreads beyond these platforms, making it hard to evaluate the social and economic impact of open access digitization. We study the downstream reuse of digitized images uploaded by the British, Swiss, and Dutch national libraries to Wikimedia Commons. Using a random sample of 15,000 images and 173,287 detected online reuses identified through reverse-image search and web scraping, we trace how digital heritage circulates across platforms, countries, and contexts. We distinguish between commercial, news, and social media environments and analyze both descriptive patterns and factors influencing reuse. We find that 64% of images are reused at least once, with diffusion extending beyond institutional sites into commercial platforms, news outlets, and user-generated content. Reuse is international and increases over time. Regression results show that technical and legal choices strongly shape diffusion. JPEG images are reused most frequently, and images explicitly labeled as public domain see significantly higher reuse, especially in commercial and professional contexts. Resolution has a more complex effect: very high-resolution images are less likely to be reused overall, but when they are, they generate more intensive reuse. This large-scale evidence shows that digitized cultural heritage spreads widely but unevenly, with licensing and technical design playing a key role in determining both the likelihood and intensity of reuse.
WP e-mail matthias.sahli@bfh.ch| Submitted to Resources Conservation and Recycling
This paper applies Life Cycle Sustainability Assessment to explore the sustainability of three national libraries – the British Library (BL), the Koninklijke Bibliotheek National Library of the Netherlands (KB), and the Swiss National Library (SNL). The BL has a higher gross environmental impact than KB or SNL for all impact categories assessed; however, when impacts are normalised relative to collection size, the BL’s environmental impacts were the lowest of the three national libraries. Buildings and utility services were responsible for approximately half of all greenhouse gas emissions for the BL and KB, and around of a third of emissions for SNL. The BL had by far the highest cost of the three national libraries, nearly three times that of either KB or SNL, but the lowest cost per physical item archived, reflecting economies of scale. The social indicators assessed show that all three national libraries are exemplary employers and have a positive broad social impact. Expanded digital accessibility stands out as a particularly promising strategy to increase the sustainability of national ibraries as it can broaden access and increase positive social impact without comparatively increasing the environmental impact.
WIPO Economic Working Paper No. 75 | VoxEU Column | R&R at Information Economics and Policy
We provide quantitative evidence from museum collections about how copyright status affects the availability of digital images of artworks. The paper applies a regression discontinuity and differences-in-differences design to estimate online availability of artworks from U.S. collections on digital-platforms. We find a strong increase in the availability of digital surrogates when copyright is perceived to expire and original artworks are likely to transition to the public domain. Moreover, artworks and surrogates made available see a large number of downstream reuses based on google image search data, which indicates online availability is of commercial and public value independent of right status. Notably, we show that upstream surrogates of public domain artworks made available by museums are positively correlated with higher image resolution quality as compared to digitized artworks still protected under copyright laws. At the same time, it seems expressed industry norms can help encourage U.S. museums to also make low-resolution surrogates of copyrighted artworks available.
WP e-mail matthias.sahli@bfh.ch | Under review at:
This article studies gender differences in museum exhibitions and examines how institutional visibility in art museums relates to outcomes in the secondary art market. We analyze more than 21,000 exhibition records and link them to about 33,000 painting auction transactions. We document three main findings. First, female artists remain substantially underrepresented in exhibitions, with persistent cohort heterogeneity. Second, on the auction market, artworks by women are more likely to reach reserve and sell, although average prices remain lower. Third, linking both markets, we construct an event-time exhibition exposure measure based on the timing of exhibitions around auctions and estimate dynamic responses. Auction prices increase three to five years after exhibitions, while sale probabilities show no systematic reaction, with effects concentrated among male artists. Finally, exploiting the Guerrilla Girls' 1989 campaign as an activist shock, a difference-in-differences design yields suggestive evidence of a modest and only temporary shift toward female exhibitions in the United States. Overall, the results highlight exhibitions as a key allocative mechanism in cultural markets and illustrate how institutional visibility and activism may shape market outcomes.
WP e-mail matthias.sahli@bfh.ch | Revise & Resubmit at Cleaner and Responsible Consumption Journal
E-books have revolutionized the book market with significant environmental consequences. Several life cycle assessments (LCAs) have compared the per-unit greenhouse gas (GHG) impacts of reading paper books and e-books. However, they do not determine the net GHG impacts of digitalization, which also depend on changes in quantities produced and consumed in both formats. This article evaluates whether the digitalization of the book market has increased or decreased its GHG impact by examining (1) LCA studies of paper books versus e-books and (2) mechanisms through which digitalization affects book supply and demand based on economic literature. LCA studies show that e-books likely reduce GHG emissions for heavy readers, while paper books can be more climate-friendly when widely shared or when e-books are read on energy-intensive devices. On the demand side, digitalization influences book consumption by replacing physical formats, improving access and discoverability, offering auxiliary information, enabling new pricing models, and shaping broader media and lifestyle trends. On the supply side, it reduces production costs, accelerates publication cycles, facilitates content reuse, affects quality, and expands distribution via self-publishing and direct sales. Through a quantitative GHG assessment, we show that substitution of paper books with e-books can reduce emissions—but only if digitalization significantly reduces paper book consumption. If e-books complement rather than replace paper books, total emissions may increase. We conclude that the assumption that e-books replace paper books is overly simplistic. Digitalization stimulates both supply and demand, and integrating environmental and economic perspectives is essential to assess its net sustainability impact.
Covid Economics 82, 23 June 2021: 49-69. Issue 82.
This paper assesses the impact of the pandemic crisis on self-employed income among artists resident in Germany. Using unique data from the latest available public insurance records, we show that musicians and performing artists are among the most vulnerable groups, and that writers, on average, are relatively less impacted. Moreover, the paper looks at the impact of the 2020 crisis on income differences by gender, career stages and regions, and it investigates the effect of specific non-pharmaceutical, public intervention implemented in German states.
Resilience and Ingenuity: Global Innovation Responses to Covid-19, CEPR Press, London (edited by Carsten Fink, Yann Ménière, Andrew Toole, and Reinhilde Veugelers)
Cuntz, A and M Sahli (eds), Resilience and Ingenuity: Global Innovation Responses to Covid-19, CEPR Press, London. https://cepr.org/chapters/covid-19-impact-artistic-income-evidence-germany