The legislation also makes it illegal to produce or sell a counterfeit sculpture, multiple or cast unless the phrase «this is a reproduction» is inscribed on each work. Glass is the only medium specifically exempted from the law. Unfortunately, the law covers only those sculptures made after January 1, 1991.
According to Artnews, bronze is not the only material at issue. In 1990 the sculptor Donald Judd published an angry manifesto in a German art journal attacking the Italian collector Count Giuseppe Panza di Biumo for fabricating his plywood sculptures in Italy without any authorization.
All the more, the Guggenheim Museum bought some 300 works from Panza's collection, included some of the controversial pieces. The sculptor was discussing the matter with the Museum when he died in 1994.
There is also a tricky situation regarding bronze enlargements of de Kooning's sculptures which have been produced in limited editions at the Tallix foundry in Beacon, New York, while the artist incapacitated by Alzheimer's disease was in no position to supervise the production of such casts. Apparently, even if these casts cannot be considered as posthumous, de Kooning has nothing to do with such works.
Posthumous works and enlargements were condemned by the CAA guidelines as presumptuous and unethical on the part of those responsible and many sculptors have given the matter of posthumous casting serious consideration but others are inclined to allow such practice provided that it was done by relatives and carried out by a designated craftsman with whom they would have worked.
Artnews has quoted Kirk Varnedoe, director of the department of painting and sculpture at the Musuem of Modern Art, which owns a posthumous «Balzac» by Rodin as saying that the issue of posthumous casting was «the messiest subject alive».