For my last blog post, I discussed the potential financial value of an individual’s “personalty” and clauses in wills governing such personalty. While an individual’s more traditional assets may include bank accounts, real estate or vehicles, there may also be some other personal items (e.g. collections) that may have significant financial value for an estate.

I’d like to discuss “physical” assets a bit more, this time focusing on assets they may have a more sentimental or intangible value. I was inspired to write on this topic by the thesis prepared by Cole Anderson, who holds a Master of Arts in Film Photography Preservation and Collection Management from Toronto Metropolitan University. The thesis, titled “VIDEO ARTISTS: CREATING A LIVING LEGACY”, is an in-depth guide for the estate planning considerations of video artists who have worked with physical film and photography media (e.g. video cassettes, 24mm film), and how to carry on the legacy of their works to be viewed, enjoyed and understood by future generations.

These media, while arguably “outdated” (i.e. replaced by digital file formats), continue to exist today, and artists do need to account for them. Yet, at the same time, the mechanical means to actually play and display these media are becoming rarer as more and more companies cease to manufacture them (although such obsolescence won’t necessarily be permanent – see, for example, the renaissance that the vinyl industry has experienced in the past decade).

In its analysis of literature on this topic, the article makes the intriguing point is that video artists can choose to take one of two approaches to preserving their art:

• A purist/original technology approach, which “situates the original medium of an artwork as a salient aspect of its intent and aesthetic quality” and “relies on collecting, storing and maintaining playback equipment and spare parts in proper storage conditions in order to extent the playable lifespan of videotape”; and
• An adapted/updated technology approach, which “relies on the emulation and migration of artworks to more stable and playable formats such as digitization in the case of videotape”.

The main tension between these approaches is the aforementioned obsolescence of older forms of media vs. the “inevitable slippage” that comes with transitions to new technology that may unintendingly transform the work.

Notwithstanding the potential drawbacks, the thesis does advocate for the digitization of existing analog media, even if just for the purposes of serving as a backup. There are services available to convert analog media into digital formats that can be stored on computers or even on media such as DVDs. It also discusses the importance of having uncompressed files, as opposed to only having compressed files which may reduce the quality of the work. Naturally, different file types (e.g. .MOV, .AVI., .MP4) have different attributes that an artist needs to consider in terms of what would work best for their art.

Yet, no matter which approach the artist takes, they should take into account the following factors when it comes to the storage of their work (whether in a physical analog or digital format (e.g. DVDs)):

• storing works in a cool, dry, clean area (without large temperature fluctuations or high humidity) that is not near any sources of heat, direct sunlight, windows, dust/debris or food/beverages;
• housing works on a shelving unit anchored to the floor or wall in a vertical position;
• using storage cases that are placed away from anything that can create a strong electromagnetic field (e.g. wiring, television sets, loud speakers, air conditioners);
• cataloguing the content with unique identification numbers (and ensuring that any files are named properly so they can be opened without error);
• maintaining a record of the contact information of any relevant parties with respect to a work, including curators, galleries, dealers, staff at art foundations/distribution centers, collaborators, and/or other fellow artists; and
• most importantly, constructing an inventory detailing each work, with descriptive and contextual information and supplementary documents. This is critical for artists, as the thesis states that “[b]y providing and preserving historical and contextual information, your work accrues value and can be better understood by others”.

Yet, I think these are important considerations not only for video artists but for anyone who has photographs or videos stored solely in a physical format. While I’ve blogged a fair amount about digital assets of sentimental value, certainly many of us may have these types physical assets of sentimental value as well. Some people may only have certain photographic or video content stored in a physical format without any backups. When doing our estate planning for these assets–which often have significant sentimental value–we need to consider the impacts of the passage of time and the potential for environmental damage.

More generally, the final point I’d like to emphasize: whether an asset has significant financial or sentimental value, if it is physical in nature it should be appropriately stored and inventoried. This will help preserve that asset’s value for future generations to come.