Ethical Issues in Outsider Art

There are important ethical issues in the outsider art world – most importantly, those concerning the artist’s consent for others to access their artwork. Although it is sometimes framed as an ethical issue it is, in fact, a legal issue. I am raising the topic here because I have been asked questions about practices that may infringe on the rights of artists who are vulnerable to exploitation.

Although the definition of an outsider artist varies from country to country, many reference an artist’s compromised mental health as a defining feature. Some communities include art made by artists with developmental disabilities in the category of outsider art. Laws concerning people with such diminished mental capacity varies from country to country, but there are undoubtedly laws to protect vulnerable people. While protection laws often relate to the person’s consent to care and medical treatment, they also apply to the person’s ability to consent to other things, including what happens to art they have created. In short, if an artist is suffering from a mental illness or developmental disability to such a degree that they cannot give informed consent to their artwork being viewed, exhibited, bought, or sold, then a legal guardian must consent on their behalf. (Informed consent means the person is able to understand what they are told and therefore capable of making a reasoned decision for themselves.)