Considerations in attending to artworks made in Art Therapy or Arts & Health
The Considerations
Note: Word or phrases marked by an asterisk (*) are defined in the Glossary.
About you
How have you come to attend to the artwork?
e.g. Are you the person who supported, facilitated, witnessed or encouraged the making of the artwork?
e.g. Has your institution acquired archives or collections which included the artwork?
e.g. Have you inherited the artwork?
e.g. Has the artwork been donated to you or your institution?
e.g. Have you purchased the artwork?
e.g. Was the artwork ‘left with you’?
e.g. Are you the person who supported, facilitated, witnessed or encouraged the making of the artwork?
e.g. Has your institution acquired archives or collections which included the artwork?
e.g. Have you inherited the artwork?
e.g. Has the artwork been donated to you or your institution?
e.g. Have you purchased the artwork?
e.g. Was the artwork ‘left with you’?
If you have acquired, inherited, received from donation, or purchased the work, were there any ‘strings attached’?
If it was gifted/donated/left with you, were there any expectations of confidentiality?
If it was gifted/donated/left with you, were there any expectations of confidentiality?
Are you the person who supported, facilitated, witnessed or encouraged the making of the artwork?
If so, in what context was the work made: Arts & Health activities, Art Therapy or other?
Were there expectations of confidentiality about the maker or the artwork, and the subsequent uses of the artwork?
If so, where might these expectations come from?
e.g. Did you have a discussion with the maker of the artwork to this end?
e.g. Could expectations of confidentiality be inferred from the context in which the work was made?
e.g. If a lot of time has passed since the making of the artwork, would expectations of confidentiality be different now compared to when the work was made? Would they be higher or lower?
e.g. Could expectations of confidentiality be inferred from the context in which the work was made?
e.g. If a lot of time has passed since the making of the artwork, would expectations of confidentiality be different now compared to when the work was made? Would they be higher or lower?
If the work was created in the context of a regulated profession, are you bound by any legal obligations in your handling of or attending to the artwork?
e.g. These legal obligations may include confidentiality or privacy.
Do you regard yourself as the maker of the artwork?
If yes, why so?
If not, why not?
Do you regard yourself as the co-maker of the artwork?
If yes, why so?
If not, why not?
Do you regard yourself as the catalyst of the work?
e.g. Would the work not have been created without your support, involvement or instructions?
e.g. Did you commission the work?
e.g. Was the work made under your patronage
e.g. Would the work not have been created without your support, involvement or instructions?
e.g. Did you commission the work?
e.g. Was the work made under your patronage
About the artist(s) or maker(s)
How many people were involved in making the artwork?
Is/are the maker(s)/artist(s) of the artwork still alive?
If yes, can you (physically) contact them and ask for their consent?
If yes, can you (physically) contact them and ask for their consent?
If not, should you contact their next of kin (relatives, friends, family)?
If not, are the circumstances of the death such that it might impact on others if you contact them?
Either way, is it appropriate for you to contact them?
Is there a risk of retraumatizing them if you do so?
Is there a risk to them or other people if you do so?
Is there a risk of breaching confidentiality if you contact them?
Would it be a ‘betrayal’ of the maker (client or participant) to give their family such ‘power’?
Is there a risk to them or other people if you do so?
Is there a risk of breaching confidentiality if you contact them?
Would it be a ‘betrayal’ of the maker (client or participant) to give their family such ‘power’?
Should the maker(s)/artist(s) of the artwork be named or identified alongside the artwork?
If so, should the person’s full name appear?
Should other information about the person be disclosed?
Could a viewer infer more information about the person from the context in which you are using the artwork? What might this be? Would this represent a risk to the confidentiality/privacy of the maker/artist? Is there a risk of causing them upset?
Should other information about the person be disclosed?
Could a viewer infer more information about the person from the context in which you are using the artwork? What might this be? Would this represent a risk to the confidentiality/privacy of the maker/artist? Is there a risk of causing them upset?
What steps are you prepared to take if someone comes forward as the author/maker/artist or owner of the artwork?
Would you consider acknowledging this person?
Would you consider sharing part or total of the decision-making in attending to the artwork in the future?
Would you consider displaying a notice to that effect along with the artwork (if appropriate and in cases where the author/maker/artist or owner of the artwork is unknown at the time of you attending to the piece)?
If there is a financial gain associated with the artwork, would you consider sharing it with this person?
Would you consider sharing part or total of the decision-making in attending to the artwork in the future?
Would you consider displaying a notice to that effect along with the artwork (if appropriate and in cases where the author/maker/artist or owner of the artwork is unknown at the time of you attending to the piece)?
If there is a financial gain associated with the artwork, would you consider sharing it with this person?
If you are aware the artwork was created in conjunction with an Art Therapist, Arts & Health Practitioner or other person, is that person still alive?
If so, is it appropriate to contact that person?
Are you aware of any legal obligations they may be responsible for in relation to the artwork, such as confidentiality?
Should this person be mentioned or identified alongside the artwork? In answering this question, consider:
Are you aware of any legal obligations they may be responsible for in relation to the artwork, such as confidentiality?
Should this person be mentioned or identified alongside the artwork? In answering this question, consider:
whether this would risk denying agency, identity or personhood to the author/maker/artist of the artwork;
whether this would risk causing upset to the author/maker/artist of the artwork or their relatives;
whether omitting the name of the person who facilitated the session would in some key way misrepresent the context in which the piece was created.
whether this would risk causing upset to the author/maker/artist of the artwork or their relatives;
whether omitting the name of the person who facilitated the session would in some key way misrepresent the context in which the piece was created.
Note: It is usual for therapists or art therapists not to be credited or named in association with makers or artworks they have supported. Notable exceptions to this convention include Edward Adamson, Hans Prinzhorn or Alan Vawdrey. By contrast, it will be common for Arts & Health practitioners to be credited for their role in facilitating the making of the artworks.
About the person(s) represented in the artwork
Are other persons represented, featured in, or referenced in the artwork?
If yes, are they directly or indirectly identifiable?
If yes, is it appropriate for you to contact them, to ask for their consent or notify them of your plans in attending to the artwork?
If yes, is it appropriate for you to contact them, to ask for their consent or notify them of your plans in attending to the artwork?
If you think it is appropriate to contact them, why so?
If you think it is not appropriate to contact them, why not?
If you think it is not appropriate to contact them, why not?
Are your plans to attend to the artwork likely to cause upset to these people?
If not, why not?
If yes, can you mitigate this, and how?
If yes, can you mitigate this, and how?
What steps are you prepared to take if someone comes forward and claims they are represented, misrepresented or referenced in the artwork?
About the artwork
When (what date or period of time) was the artwork made?
What are the size and media of the artwork?
Where was the work made?
In what context, was the work made? Do you have information about the creative process or methods used to enable the creation of the works?
Consider the difference between the emotional, psychological, social and physical benefits of making or sharing the artwork, rather than the benefits associated with the artwork itself.
e.g. Was the artwork made with specific emotional, psychological, social or physical benefits in mind?
What is the value or currency of the work, and to whom?
e.g. Aesthetic?
e.g. Historic?
e.g. Cultural?
e.g. Financial?
e.g. Personal or emotional?
e.g. Symbolic?
e.g. Historic?
e.g. Cultural?
e.g. Financial?
e.g. Personal or emotional?
e.g. Symbolic?
About your use of/attending to the artwork
How are you planning on using, looking after or disposing of the work*?
What is/are the objective(s) in your use of the work?
e.g. general education and/or public awareness
e.g. specialist or professional training
e.g. generating revenues
e.g. publicity
e.g. conservation, preservation, archiving
e.g. creative expression, entertainment, aesthetic
e.g. specialist or professional training
e.g. generating revenues
e.g. publicity
e.g. conservation, preservation, archiving
e.g. creative expression, entertainment, aesthetic
What contextual information are you giving about the artwork?
Are you disclosing personal, private or confidential information about the artwork or its maker(s)/artist(s)?
Are you disclosing personal, private or confidential information about people referenced in the artwork?
Is the sensitive information, if any, in the public domain already?
Are you disclosing personal, private or confidential information about people referenced in the artwork?
Is the sensitive information, if any, in the public domain already?
How “accessible” is that public domain?
Will your use of the artwork make this information more accessible to the public? Is this intentional? What would be the balance of harm and benefits?
Will your use of the artwork make this information more accessible to the public? Is this intentional? What would be the balance of harm and benefits?
May there be social stigma associated with the making of the artwork or the context in which it came into being? If so, how do you plan to address it (if any)?
If time has passed between the making of the artwork and you attending to it, consider the extent to which perceptions of privacy, confidentiality and social stigmas have evolved. Have standards or expectations changed?
What public are you targeting?
e.g. general public (anyone who might read the news, consult social media or attend an exhibition)
e.g. specialist public (readership of a specialist professional journals or reviews; multidisciplinary teams)
e.g. public pre-selected by yourself (your students; attendees to a conference)
e.g. specialist public (readership of a specialist professional journals or reviews; multidisciplinary teams)
e.g. public pre-selected by yourself (your students; attendees to a conference)
Are you advising the public as to what they may or may not do with the artworks?
e.g. are you giving advice or permission(s) about photographing the artwork?
e.g. are you giving advice or permission(s) about posting the artwork on social media?
e.g. are you giving advice or permission(s) about the language around the piece, and how to comment on it?
e.g. are you giving advice or permission(s) about posting the artwork on social media?
e.g. are you giving advice or permission(s) about the language around the piece, and how to comment on it?
How likely is it that the artwork will be re-used by the public (e.g. online or on social media)?
What are the risks of mis-use of the artworks by the public you shared it with?
What are the costs associated with looking after the work?
Costs may include, e.g.: financial care taking; physical space required; emotional holding
What are the costs associated with you taking into account these considerations and steps to mitigate the risks they may raise?
What is the balance of those costs in light of the risks involved?
If you arrive at the conclusion that the artwork should not be shown or shared, or should even be destroyed or disposed of
Can a copy of the artwork or an artist’s response to the artwork be made and replace the artwork?
Should an artist’s response be made?
Should an artist’s response be made?
How much of the context and information about the original artwork and their marker(s)/artist(s) should be disclosed along with the artist’s response?
Should there be information about the artist’s rationale for responding to the artwork?
Should there be information about the artist’s rationale for responding to the artwork?
Can a ‘fictionalization’ of the artwork be made and replace the artwork?
Should a ‘fictionalization’ of the artwork be made and replace the artwork?
Should a ‘fictionalization’ of the artwork be made and replace the artwork?
How much of the context and information about the original artwork and their marker(s)/artist(s) should be disclosed along with the fictionalization?
Should there be information about the rationale for the ‘fictionalization’?
Should there be information about the rationale for the ‘fictionalization’?
Can the artwork be adequately described or communicated through another medium (using words if the artwork is image-based; or using images if the artwork is text-based)?
If so, how much of the context and information about the original artwork and their marker(s)/artist(s) should be disclosed along with the communication of the piece in a new medium?