200 years later: Damien Hirst plans to “create” art posthumously DOT DOT DOT

August 4, 2025

Damien Hirst Legacy Center for Art Law Article Damien Hirst in front of his painting at Gagosian Gallery. Photographed by Andrew Russeth, courtesy of Wikimedia Creative Commons.

By Alexa Donovan

In late May 2025, Damien Hirst, born 1965, revealed estate plans that provide for the “creation” of art from beyond the grave.

Hirst, the famed leading figure of the Young British Artists,^{is undoubtedly one of the most prolific contemporary creatives of our time.^{He is best known for his unconventional artworks, such as the infamous sculptures of sharks preserved in formaldehyde and mandalas made of dead butterflies.^{He has also taken on plenty of experimental projects, often bending the boundaries of traditional artistry.}}}

Primarily represented by Gagosian and White Cube,^{Hirst’s plans for his legacy follow the same peculiar trajectory as his artistic projects. In an interview^{with the London Times in late May, Hirst told reporter Kirsty Lang that he intends to create posthumous artworks.}}

To execute this plan, Hirst will “fill up” 200 notebooks, each corresponding to a year after his death. ^{These books will contain designs that are similar to instructions. Buyers can create and sell the designs in the notebooks under Hirst’s name,^{and his heirs will sign those artworks.^{The number of the notebook will determine the year in which the artwork can be produced.^{For example, the designs in notebook 197 are meant to be executed 197 years after Hirst’s death, which could be well into the 2200s.}}}}

“The idea is to have a certificate that says ‘Year One after Damien Dies: you’ve got the right to make this sculpture…’” Hirst said in the interview.

The idea is not entirely surprising coming from Hirst. From sculptures using animal carcasses as material to diamond-encrusted human skulls, much of his art explores the theme of death.^{It’s also not exactly a surprise that Hirst, who is incredibly well-known and one of the wealthiest artists of today, wants to live on. Interviewers have noted his large ego ^{and critics have called him out for being “gimmicky.”^{Perhaps this foray into the future is a way to keep up the sensation behind his name even after he is long gone.}}}

Table of Contents

Legal implications

According to Kate Lucas, Special Counsel at Grossman LLP, this legacy plan can be understood from a copyright lens.

“It sounds to me like part of what’s happening here is he’s giving a buyer essentially… a copyright license to produce an artwork for a limited period of time,” she said in a phone interview to this author.^{She explains that this license may allow “a reproduction or derivative work based on his original work.”}

This, eventually, could be made difficult to enforce though, since in the United Kingdom, where Hirst is a citizen, copyright protections only last for 70 years after an artist’s death.^{It additionally has not been revealed who will carry out these instructions, which will be a difficult task, given that all of Hirst’s advisors will certainly not live for 200 years after his death. There may not even be a market for Hirst’s art by then — there are certainly plenty of legal questions, but not too many answers quite yet, since it seems only time will tell how this scheme plays out.}

While it is helpful to understand this idea from a legal standpoint, it is also interesting to observe the plan against the broader picture of posthumous art in the market.

Posthumous Art

The release of posthumous art is certainly not unprecedented.^{Plenty of artists of all kinds have had work released after death. From musicians like Johnny Cash (1932-2003) and Tupac (1971-1996)^{to writers like Joan Didion (1934-2021) and Sylvia Plath (1932-1963),^{it’s not unusual for at least some previously unreleased work to bloom out a dead creative’s estate.}}}

As for the visual arts, it is a bit more rare, but certainly still happens quite often. ^{The posthumous visual arts are “defined as works created from an artist’s original molds, negatives or plans after an artist’s death.”}

For example, French sculptor Auguste Rodin detailed in his estate plan that his executors could use already-made molds to cast new works,^{which has some similarities to Hirst’s plan, in that it outlines permission for others to execute an already-completed design.}

Moreover, minimalist artist Sol Lewitt, known for his wall drawings, similarly left behind instructions for his estate to continue creating his artworks after his death in 2007.^{A retrospective exhibition of his work entitled “Sol Lewitt: A Wall Drawing Retrospective,” opened at the Massachusetts Museum of Contemporary Art in 2008, and will run until 2043.^{Other similar exhibitions of his wall drawings have been shown around the world, with teams of people executing his original instructions within the new spaces.}}

There is no way to be completely certain of how Hirst’s “posthumous paintings” will play out on the art market when the time comes, but there are some indicators of how it could go.

Market implications

Loretta Wurtenberger, in her book The Artist’s Estate, explains that many posthumous editions of artworks tend to sell, on average, for 30% less than original artworks.^{The percentage can deviate from the average for individual artists based on various factors, such as the amount of works created while the artists were alive. Gallerist Eric Gleason concurs with Wurtenberger that “there is always a distinction in market value between [lifetime and posthumous works].”}

A great example of this value gap is exemplified in the work of famed Romanian sculptor Constantin Brâncuși.^{Brâncuși died in 1957, and after his death, the Paul Kasmin Gallery, executor of the estate, has sold posthumous bronzes designed by the artist and cast by others later on, but these bronzes have vast price differences from sculptures he cast himself. In 2018, Brâncuși’s sculpture “La jeune fille sophistiquée,” designed in 1928 and cast in 1932, sold for $71 million at auction.^{Meanwhile, Paul Kasmin Gallery put the sculpture “Torse de jeune Homme,” designed in 1924 and cast in 2017, for sale at Art Basel Hong Kong for only $4.5 million.}}

Aside from the difference in market value between the lifetime and posthumous works by Brâncuși, questions of authenticity also took center stage.^{In 2014, Paul Kasmin Gallery put on an exhibition of these newly-cast sculptures.^{The show ignited controversy, with critics claiming that the works were merely “replicas” of Brâncuși, even though the works were created legally and with permission from the estate.^{Brâncuși experts have said that every work of the artist is one-of-a-kind, so it would be impossible to create an authentic sculpture without the touch of the artist’s hand.}}}

Oftentimes, posthumous works raise questions and disagreements about authenticity. ^{The authenticity of posthumous artworks is essentially impossible to define, and opinions will vary from person-to-person about how extensively an artist’s hand must touch the posthumous artwork to consider it an “original.”}

As for Hirst’s posthumous works, the public’s reactions cannot yet be known, but it is possible to consider issues that may come up. Hirst’s work, first of all, differs from artists like Brâncuși because he is more of a conceptual artist by nature. With conceptual art, the actual idea of the artwork is considered more important than its physical manifestation.

Other conceptual artists have released posthumous artworks, and according to Artsy, the question of the touch of the artist “is moot.” ^{Instead, concerns may revolve around the actual materials of the work, and what role the artist played in selecting them.}

For example, in the London Times interview, Hirst mentioned an idea for a sculpture of a pig in formaldehyde, which could be included in these notebooks.^{Joy Glidden, the Founding Director of the Center for the Preservation of Artists’ Legacies, explained that issues could come up regarding the selection of the pig itself once Hirst passes away.^{How does the selection of the pig impact how ‘authentic’ the sculpture is deemed?}}

Another issue that may come up is how Hirst’s foundation may classify these posthumous artworks within his oeuvre. According to Lucas, it is probable that the original designs in the notebooks might be part of Hirst’s official catalogue raisonne, which is currently being created.^{Moreover, “to the extent that there are … permissions to fabricate the work … the catalogue is going to have to kind of account what that process looks like,” she said.^{The foundation will likely pay close attention to the posthumous works that come out of these designs and be sure to account for the authorized editions.}}

Conclusion

All of these questions are speculative, though, and only time will tell how the public will react to Hirst’s posthumous artwork. Perhaps the most interesting aspect of this whole plan is the legal questions such a project can bring on. Lucas explains that many of today’s conceptual artists are questioning what “creation” even means, which makes Hirst’s idea of posthumous artworks particularly illuminating.^{All those in the art law community should keep their eyes peeled for what’s to come as today’s most explorative artists begin to age.}

“The artist is really exploring some basic questions about creation,” Lucas said. “They don’t always fit nearly into the legal schemes that the law has developed.”

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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.