This study theorizes the "Ontological Death" of artworks through the landmark case of Brodie v. Rower et al. (2025). It investigates the crisis where an $8 million Calder mobile remains physically extant but is stripped of its "Artistic Soul" by unilateral institutional decree, examining the tension between material ownership and aesthetic sovereignty. Applying a Qualitative Hermeneutic Discourse Analysis, this research synthesizes news outlets' investigative reporting and federal court filings. It employs the "Ship of Theseus" paradox to kinetic sculpture, assessing how the work’s "Calder-ness" is contingent upon a fragile intentionality that Foundations now claim the exclusive right to extinguish. The study reveals that authentication bodies have transitioned from archivists to Deities of Valuation. The Calder Foundation’s refusal to authenticate functions as a Judicial Guillotine, creating "Zombie Works"—objects that are materially present but legally invisible. It finds that "damage" is being weaponized as a tool for Administrative De-authentication to police market scarcity. The research introduces the groundbreaking doctrine of "Institutional Estoppel" to art law. It argues that a Foundation’s decades-long historical acquiescence creates a "Reliance Interest" that bars retrospective de-authentication. By proposing a framework of "Aesthetic Due Process," this study shifts the burden of proof back to institutions, defending the "Right to Exist" against the arbitrary revocation of an object’s historical identity.

Authors:
L. Y. Kang, National Pingtung University, Taiwan

About the Presenter(s)
Dr. L. Y. Kang is currently an Assistant Professor in the College of Management at National Pingtung University, Taiwan.

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