• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Our articles image/svg+xml 2021 Timothée Giet Art History image/svg+xml 2021 Timothée Giet Who owns African Art?
Back

Who owns African Art?

February 1, 2024

fragment from a 17th century map of Africa name

By Delela Ndela and Adenike Fapohunda

The ongoing conversation about the ownership of African art tends to center historical works and cultural artifacts. From the Benin Bronzes to the body of Sarah Bartmann, the relationship between African cultural production and the west has been characterized in great part by theft, violence, and the outright objectification of African bodies. In a political climate where redress and reparations for colonial crimes are becoming increasingly mainstream, it’s only natural that the return of stolen objects would be a leading demand of African progressives. However, this framing tends to ignore the ongoing reality of art in Africa, a reality in which Africa’s most prominent artists—from Wangechi Mutu to Adel Abdessemed—live, create, study, exhibit and sell work in western cultural capitals. This is a reality in which African cultural production comes to be owned by the cultured classes of the global north.

Cultural Imposition and the destruction of African ways of creating

Neo-colonialism, as described by Kwame Nkrumah, is the exertion of control by imperialist states over their nominal post colonies by economic, cultural and “humanitarian” means, rather than direct military intervention or indirect political control.[1] In cultural studies, neo-colonialism is thought to take the form of cultural imposition, where an imperial state engages in culture (language, tradition, and art, for example) to assert its power over its colonial possessions.[2] In African contexts, this has meant destroying indigenous cultural realities and asserting the superiority of western culture while excluding Africans from full participation in that culture.

Africans are taught that western aesthetic practices are superior to African ones, that the classics consist of Bronte and not Mariam Ba, and that movements in contemporary art such as cubism can be attributed only to Picasso and not the countless, nameless, African artists that he was inspired by.[3]

As African post-coloniality has progressed, artists have challenged this cultural neo-colonialism, deploying a range of tools to do so: from Wa Thiong’o’s indigenisation of the novel to Mutu’s paintings, which explicitly take on the misrepresentation of women in culture. These artists form part of a movement to change how Africans are viewed in the world and view themselves, a welcome intervention after centuries of de-humanisation.

Economic realities: Art and Capital

The reality remains that capital is concentrated in the imperial core and, as Clement Greenberg said, art and capital are “attached by an umbilical cord of gold.”[4] Artists need to eat and their work will go where the money they need to create flows freely. This is not the reality in the African continent, where only a handful of major cities can be said to support a thriving art market. As such the African art market stands in contrast to art markets in Europe or North America, where Paris, New York, Miami, Milan, London and so many more have built rich (if speculative) art markets. For many African artists to survive, they must access western markets.

There is also a popular sentiment that the time of western domination in Africa has ended. That Africans ought to banish the memories of colonialism and move on. In a 2014 speech, former US president Barack Obama stated, “Africa should stop blaming history for its economic problems.”[5] Recently, French president Emmanuel Macron stated on a four nation tour of Africa that the era of French interference in Africa is over.[6] Optimists would say that the repatriation of stolen objects points to a crucial turning point in Africa’s relationship with Europe, that it shows a willingness to apologize for past injustice and highlights an eagerness to engage in a process of healing. There is an acknowledgement that those items were taken by force; art then functions as a site of truth telling and mourning when other avenues of social expression have not yet caught up.

However, in this moment, while reflecting on the past, it is important to acknowledge that African art is experiencing a renaissance, with experiments abound across the continent. The western art world is experiencing this renaissance as its own rejuvenation, as western galleries and festivals increasingly elevate African artists—what they introduce is a spirit of possibility, of true belief. African art, so long diminished, treated as fodder for anthropology, is now a field for western consumption. As evidenced by musicians like Rema performing at the Ballon’dor and South African auction house Strauss & Co, reporting sales totalling 20.6 million dollars in 2022.[7]

When you attend large art fairs, such as FNB Joburg Art Fair and ART X Lagos, it would seem that the era of displacement has come to an end. When you look closely, however, you must confront the discomfort in a physical space that displays the work of black African artists as represented by white European staff.

Notably, African art attains its highest sales figures beyond the continent, this is exemplified by South African painter Irma Stern, who consistently achieves top sales at African art auctions with her paintings averaging around $300,000 per artwork, Stern notably sold her most expensive painting and the second most expensive african artwork ever sold at auction to the Orientalist Museum in Doha for $4.8 million in 2011. As Africans, it’s crucial to reflect on the implications for our historical and cultural legacy when even our contemporary art is being removed from the continent.

Furthermore, notwithstanding the construction of galleries, such as the Zeitz Museum of Modern Art and the Zoma Art Center, pointing to growth in the art ecosystem in Africa, there is still an overwhelming lack of investment in art as a public good. In Lagos, one of the three biggest African art cities, there are no state-owned art galleries. In Johannesburg, another African city with a vibrant art scene, the Johannesburg Art Gallery was left in ruin for many years before it finally closed its doors due to rain damage. Until recently, it was almost impossible to have a sustainable career from art on the continent. Universities by and large, with the exception of South Africa, do not offer degrees in curation or art history.

Perhaps introspection is necessary on how Africans can preserve ownership of artistic capital at a time where there is such a large demand for the work produced. When an artist based in Africa signs an agreement with an art gallery to represent them, to promote their work, is it their responsibility to ensure that the benefits of such a contract flow back to their communities? When the team that works with this artist is based in the west, does their art become yet another site for extraction, where the profits made from artists on the continent are taken to the west?

African Art Renaissance: A Complete Shift

Some argue that to ensure sustainable art practices, young Africans must be taught to invest in art and collect art. Some galleries have introduced lay-bys for pieces where collectors can pay off their art over extended periods of time. However, when artists gain western acclaim, the price of their pieces are further inflated, making it impossible for people in their countries of origin to collect.

Over and above, this is the issue of documentation. It becomes pertinent to see the work that is being created as a link in the thread of history. How will contemporary work will be remembered if Africa does not have the space to store the work that will come to define this cultural zeitgeist?

A partial answer to these questions must include reflection by all parties. It becomes important to discuss how to look at the cultural relationships between countries that were colonized and those that colonized. How can a community reimage a global cultural exchange in a manner that upholds the dignity of the art, people and communities that influenced its creation?

Perhaps the accord signed by the German government and Nigeria’s Commission for Museums and Monuments might allow us to imagine a different future. It is noteworthy that this goes further than simply laying out the procedure for the return of artifacts. Instead, the accord creates the framework for joint projects in archaeology, education, and museum infrastructure that will be jointly beneficial and give back to communities in Benin City, from where the bronzes come.

Conclusion

Notwithstanding the role that Europe and North America have played in decimating Africa’s cultural heritage, it does not suffice to look to the west to carry all the responsibility in resolving the issues faced in preserving Africa’s cultural heritage. The ongoing project of restoring and preserving African art may should consider the words of Ousmane Sembene: “My future does not depend on Europe… Why be a sunflower and turn to the sun, I myself am the sun.” It is the responsibility of Africans and our governments to buy, preserve and invest in the arts and recognize art as a social good that contributes to our collective wellbeing.

Suggested Readings:

  1. Nɢᴜ̃ɢɪ̃ ᴡᴀ Tʜɪᴏɴɢ’ᴏ, Pᴇɴᴘᴏɪɴᴛs, Gᴜɴᴘᴏɪɴᴛs, ᴀɴᴅ Dʀᴇᴀᴍs (1998).
  2. Aʟɪᴄᴇ Pʀᴏᴄᴛᴇʀ, Tʜᴇ Wʜᴏʟᴇ Pɪᴄᴛᴜʀᴇ: Tʜᴇ Cᴏʟᴏɴɪᴀʟ Sᴛᴏʀʏ ᴏғ ᴛʜᴇ Aʀᴛ ɪɴ Oᴜʀ Mᴜsᴇᴜᴍs & Wʜʏ Wᴇ Nᴇᴇᴅ ᴛᴏ Tᴀʟᴋ Aʙᴏᴜᴛ Iᴛ (2020).
  3. Kᴡᴀᴍᴇ Nᴋʀᴜᴍᴀʜ, Nᴇᴏ-Cᴏʟᴏɴɪᴀʟɪsᴍ : Tʜᴇ Lᴀsᴛ Sᴛᴀɢᴇ ᴏғ Iᴍᴘᴇʀɪᴀʟɪsᴍ (1965).
  4. Rᴏsᴀʟɪɴᴅ Mᴏʀʀɪs, Cᴀɴ ᴛʜᴇ Sᴜʙᴀʟᴛᴇʀɴ Sᴘᴇᴀᴋ?: Rᴇғʟᴇᴄᴛɪᴏɴs ᴏɴ ᴛʜᴇ Hɪsᴛᴏʀʏ ᴏғ ᴀɴ Iᴅᴇᴀ (2010).

About the Authors

Delela Ndlela is an essayist in Johannesburg.

Adenike Fapohunda is a writer and lawyer based in Johannesburg.

Sources:

  1. Kᴡᴀᴍᴇ Nᴋʀᴜᴍᴀʜ, Introduction, in Nᴇᴏ-Cᴏʟᴏɴɪᴀʟɪsᴍ : Tʜᴇ Lᴀsᴛ Sᴛᴀɢᴇ ᴏғ Iᴍᴘᴇʀɪᴀʟɪsᴍ (1965). ↑
  2. Ramón Grosfoguel, The Epistemic Decolonial Turn: Beyond Political-Economy Paradigms, 21 Cᴜʟᴛᴜʀᴀʟ Sᴛᴜᴅɪᴇs 211 (2007), 10.1080/09502380601162514. ↑
  3. Lisa Modiano, How Much Does Picasso Owe to African Art?, Tʜᴇ Cᴏʟʟᴇᴄᴛᴏʀ (Apr. 30, 2022), https://www.thecollector.com/picasso-and-african-art/. ↑
  4. Clement Greenberg, Avant-Garde and Kitsch, in Aʀᴛ ᴀɴᴅ Cᴜʟᴛᴜʀᴇ (1965). ↑
  5. Maeve Shearlaw, ‘Africa Should Stop Blaming History for Its Economic Problems’ – Is Obama Right?, Tʜᴇ Gᴜᴀʀᴅɪᴀɴ (July 30, 2014), https://www.theguardian.com/world/2014/jul/30/-sp-obama-africa-colonial-excuses-poll. ↑
  6. Macron Says Era of French Interference in Africa is ‘Over’, Aʟ Jᴀᴢᴇᴇʀᴀ (Mar. 2, 2023), https://www.aljazeera.com/news/2023/3/2/macron-says-era-of-french-interference-in-africa-is-over. ↑
  7. Anny Shaw, Global Demand for African Art Brings Near-Record Year for South African Auction House Despite ‘Much Higher Degrees of Uncertainty’, Tʜᴇ Aʀᴛ Nᴇᴡsᴘᴀᴘᴇʀ (Jan. 27, 2023), https://www.theartnewspaper.com/2023/01/27/global-demand-for-african-art-brings-near-record-year-for-south-african-auction-house-despite-much-higher-degrees-of-uncertainty. ↑

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous Case Review: Reif, et al. v. The Art Institute of Chicago (2023)
Next US Museums Return Schiele artworks to the heirs of Fritz Grünbaum

Related Art Law Articles

Sam Brady Myerov Folk Modern and Facade Images
Art law

Folk, Modern, and Facade: MoMA and the Afterlife of the American Folk Art Museum Building

September 8, 2026
Center for Art Law Corporate Art
Art law

Art as an Office Asset: Motivations and Collection Practices in Corporate Settings

August 31, 2026
Center for Art Law Greece
Art law

Greece’s First Comprehensive Legal Framework to Combat Forgeries: Art Market Transparency and Accountability

August 30, 2026
Center for Art Law
AML Guide 2025

AML Guide 2025

Explore our updated AML Survey with key insights on how evolving regulations impact the art market.

Download here
Center for Art Law

Follow us on Instagram for the latest in Art Law!

Join the Center for Art Law along with Dr Michail Join the Center for Art Law along with Dr Michail Risvas, Lecturer in Law and Co-Director of the Centre for International Law and Globalisation at the University of Southampton, on the growing role of arbitration in the art and cultural heritage sector. Drawing on his research and practical examples, Professor Risvas will examine how arbitration is being used to resolve a broad range of art-related and cultural heritage disputes. The program will compare arbitration with traditional litigation, exploring the advantages and limitations of each forum.

Through discussion of case examples and emerging trends, participants will gain a practical understanding of when arbitration may offer a more effective path than litigation and how alternative dispute resolution is shaping the future of art and cultural heritage law.

🎟️ Grab your tickets today using the link in our bio!!

#centerforartlaw #artlaw #legal #artlawyer #lawyer #arbitration #artmarket #artist #culturalheritage
And just like that, we’ve reached the end of an in And just like that, we’ve reached the end of an inaugural ART & LAW INTENSIVE ✨

Five-day program filled with challenging questions, fascinating discussions, new perspectives, and meaningful encounters at the intersection of visual art and law.

Grateful for the conversations, the knowledge shared, and everyone who made this experience so enriching. 

Until the next chapter in February!
Our last (August) newsletter received excellent vi Our last (August) newsletter received excellent viewing (in September). Welcome back from vacations! You may be pleased to know that our ART x LAW INTENSIVE in Zurich went as promised and we were delighted to have shared with and learned from so many wonderful experts, colleagues, and fellow travelers. Special guests came from North and South America, across Europe, even India and UAE. Without skipping a beat, today we onboard our Fall 2026 Interns, students from Cardozo, NYU, Smith College and other schools, and we are pleased to welcome our 2026-2027 Judith Bresler Fellow, Alexander Stanfield.

Please take a look at our SEPTEMBER newsletter and plan to join us this fall for in person or online events. Thank you to all who have reached out and offered to volunteer over the summer and recently. We are humbled by the growing interest and will keep offering learning and hands-on opportunities as the size of our organization permits. Stay calm and … 

📚 Click the link in our bio to get a curated collection of art law news, our most recent published articles, upcoming events, and much more!!

#centerforartlaw #artlaw #newsletter #september #legalresearch
What does it take to report and write a story abou What does it take to report and write a story about stolen art, war, and the people caught at the center of it?

In our latest episode of Art in Brief, Andrea and Paris are joined by Matthew Campbell, award-winning reporter for Bloomberg Businessweek and author of The Man Who Stole the Gods, to discuss his years-long investigation into the looting and trafficking of ancient Khmer artifacts from Cambodia.

We talk about Matthew’s research and reporting process, why he chose to center the story around the book’s main characters, and how he approached telling the stories of complicated figures with nuance and empathy.

🎙️ Listen to the latest episode of Art in Brief and find additional resources including a link to Matthew's book at the link in our bio!

#podcast #centerforartlaw #artinbrief #bloomberg #artcrime
What happens to an artist’s work, archives, and in What happens to an artist’s work, archives, and intellectual property after they’re gone? 

Day 2 of the 2026 CPAL Conference brought together lawyers, appraisers, foundation leaders, and arts professionals to tackle the practical realities of preserving artists’ legacies. Topics included estate planning and appraisals, copyright, archives, and the financial realities of running an artist foundation. One message was especially clear: legacy preservation starts long before an artist’s death. 

📚Read Ian Silverstein’s recap of the conference at the link in our bio!

#WYWH #ArtLaw #ArtistEstates #ArtLawConference #ArtAndLaw
Don't miss out on our upcoming Workshop on fiducia Don't miss out on our upcoming Workshop on fiduciary duties within artist-dealer relationships with speaker Aaron Haines!

This workshop will explore the fiduciary duties of gallerists toward their clients and will clarify the distinctions between contract-based relationships and the broader fiduciary obligations gallerists owe, including transparency, prudence, and the prohibition of undisclosed profits. It will also examine common conflicts of interest in the art world and how these fiduciary duties come into play. 

🎟️ Grab your tickets today using the link in our bio!

#centerforartlaw #artlaw #artlawyer #legalresearch #legal #workshop #artistrights #artist #artdealer
The Wilbur J. Cohen Federal Building in Washington The Wilbur J. Cohen Federal Building in Washington, D.C. houses five murals and four reliefs by artists including Ben Shahn and Philip Guston. 
The building is now among federal properties currently slated for sale as the government accelerates selling federal real estate. 

What happens to artworks that are physically inseparable from the buildings they were created for? And what does their uncertain future mean for America’s cultural landscape?

📚 Read Sam Brady-Myerov’s latest article at the link in our bio!

#ArtLaw #CenterforArtLaw #NewDealArt #PublicArt #CulturalHeritage
Did you know the portrait of George Washington on Did you know the portrait of George Washington on the $1 bill traces back to a painting by Gilbert Stuart? 

As the US celebrates its 250th anniversary, one of our latest articles explores how Stuart fought to control the reproduction of his Washington portraits at a time when U.S. copyright law did not yet protect paintings. 

📚 Read the full article by Hannah Gadway at the link in our bio! 

#ArtLaw #America250 #GilbertStuart #GeorgeWashington #CopyrightLaw
The culture of dupes is continuing to plague artis The culture of dupes is continuing to plague artists. Those like Lauren Horn and Maggie Stephenson have been victims of others creating copycats of their work and selling it as their own.

Read KimberMarie's new article to understand the impact this issue has on artists and other communities along with ways to push back against the problem.

📚 Check out the full article using the link in our bio!!

#centerforartlaw #artlaw #legal #legalresearch #artlawyer #dupes #counterfeits #artistrights #artists
Any interest in volunteering to help work with our Any interest in volunteering to help work with our Nazi-Era Looted Art Restitution Cases Project? Listen to Natasha describe her work and the cases she's had the chance to study.

📚 Click the link in our bio to learn more about the project and how to join!

#centerforartlaw #artlaw #restitution #art #museums #artlawyer #legal #legalresearch
Who owns Hollywood’s past? 🎬📸 A thrifted box of 1 Who owns Hollywood’s past? 🎬📸

A thrifted box of 1930s photographs of actress Marion Davies opens up a much bigger question: who owns the image and the rights behind it? 

One of our latest articles explores the story behind these photographs, including MGM studio stamps, Davies’s handwritten dedication, and the distinction between owning a physical photograph and owning the intellectual property rights in its image.

📚To read the full story by Irina Tarsis, head to the link in our bio

https://itsartlaw.org/art-law/who-owns-hollywoods-past/ 

#ArtLaw #CopyrightLaw #MarionDavies #HollywoodHistory #CulturalHeritage
Join us on September 18th for an Art and Law Works Join us on September 18th for an Art and Law Workshop on fiduciary duties within artist-dealer relationships with speaker Aaron Haines.

This workshop will explore the fiduciary duties of gallerists toward their clients and will clarify the distinctions between contract-based relationships and the broader fiduciary obligations gallerists owe, including transparency, prudence, and the prohibition of undisclosed profits. It will also examine common conflicts of interest in the art world and how these fiduciary duties come into play. 

🎟️ Grab your tickets today using the link in our bio!

#centerforartlaw #artlaw #artlawyer #legalresearch #legal #workshop #artistrights #artist #artdealer
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law