The Estate of Myour Gape
Charter ‡ Core (1.2)
approved on 04/09/2024; adjourned on 08/09/2024
art. 1 Preamble
The Estate of Myour Gape (hereinafter also referred to as “The Estate") is established with the primary purpose of preserving, authenticating, and perpetuating the legacy of the artist known as Myour Gape. Following the integration of Gape’s genetic sequence into an airborne symbiotic viral genome, the physical existence and status of Myour Gape remain indeterminate. Consequently, for all legal intents and purposes, the artist is considered deceased. In response, The Estate commits to upholding and expanding the influence of the artistic contributions attributable to Myour Gape.
art. 2 Mission Statement
The Estate serves as the guardian of the legacy and artistic identity of Myour Gape. Committed to promoting an artistic vision that aligns with Gape’s ethos as expressed in Gape’s diaries, The Estate endorses practices devoted to the creation and especially to the maintenance of spaces of dehiscence: spaces where sensibility, meant as “capacity for sensing other", can flourish beyond the realm of expectation, go rampant, existing, breathing, pacing and building beyond the hegemony of property. In the context of this document this statement's terminology remains purely indexical, intended to be further detailed and clarified by Gape’s diaries and your genuine intuition.
art. 3 Functions of The Estate
art. 3.1 Archiving & The Vow
The central function of The Estate is the facilitation of the signature of and the archiving of all records related to The Vow. The Vow is a declaration of intent acting as a licensing agreement granting trademark rights over the name “Myour Gape”. Following signature of The Vow and confirmation of reception and archival of the record by The Estate, the signee is allowed to practice under the name “Myour Gape”. The Vow is open to anyone who wishes to sign.
The Vow’s text and taking procedure are further outlined in ‘Appendix A’ to this document. Signature of The Vow can take place only in person. The Vow can be withdrawn at all times by the signee by way of written communication to The Estate, which will then alter the record by adding an end date to the signee’s original vow.
The trademark rights conferred through The Vow are strictly non-exclusive. All individuals who have signed The Vow (hereinafter referred to as "vowed artist(s)“) and whose records are maintained by The Estate are permitted to practice under the name “Myour Gape”, simultaneously, at any time, and under any circumstances of production. The only limitation on their practice is their respect of and keeping to the terms of The Vow, for which they remain accountable to the collective identity of Myour Gape. The Estate will at all times retain the right to unarchive a signee’s vow, thus terminating their trademark rights.
As a condition of their practice, vowed artists are required to ensure that the name “Myour Gape” is clearly and exclusively stated in all instances where they operate under this identity, with their personal names omitted from any related materials or communications. Following any number of clear statements of the full name, usage of the surname abbreviation “Gape” is allowed.
art. 3.1.1 Further Considerations on The Vow
By signing The Vow, the vowed artist acquires rights over practicing under a collective name, detaching their practice from their own. Signing The Vow enables the vowed artist to practice in the hide that a collective name grants, a refuge potentially offering a higher level of freedom to say what is too difficult to say, risk what is too costly to loose, under the guidance of The Vow’s content and the contributions that other vowed artists have produced, produce and will produce under the same name.
By signing The Vow, the vowed artist acquires the right to embody a collective identity, one characterized by a commitment to the inclusiveness and subversiveness of practice, in the service of fostering a spatial avant-garde. Signing The Vow grants access to an open production space, maintained by The Estate, where all vowed artists collectively contribute to the artistic, emotional, cultural, physical, and spiritual identity of Myour Gape: Gape practices as them, feels as them, acts as them, looks as them, breathes as them. In line with Gape’s ethos, The Estate regards signature of The Vow as an experimental practice in the concept of property.
art. 3.2 Certification & Anonymity
The Estate is the sole entity responsible for certifying works authored under the name Myour Gape, recognizing them as authentic expressions of the collective identity that Myour Gape embodies. Certification primarily involves cross-referencing evidence with the archives related to The Vow (see art. 3.1). If the artist embodying Myour Gape has signed The Vow, as per The Estate’s records, their work can be certified as an authentic creation of Myour Gape.
Together with being responsible for archiving The Vows for certification purposes, The Estate is also responsible for ensuring that the anonymity of the vowed artist is maintained in accordance with their individual preferences. In instances where the vowed artist seeks full anonymity, The Estate, to the extent possible and within the limits of its financial, spatial, and temporal resources, may act as an intermediary agent in any communications between the vowed artist and external parties.
The Estate is generally committed to preserving the complete confidentiality of all records associated with The Vow.
art. 3.3 Support, Production, Distribution & Sales
The Estate shall, within the limits of its financial, spatial, and temporal resources, provide support for the production, framing, and distribution of works created as Myour Gape.
Works created as Myour Gape may be sold, with The Estate acting as the sole entity responsible for negotiating and executing the sale. The Estate will not charge a commission on these transactions, allowing the vowed artist responsible for the work’s creation to receive the full proceeds of the sale. However, a small commission relative to the full sale price may be introduced in the future in order to cover the costs associated with facilitating these transactions, should they become burdensome for The Estate.
Nevertheless, The Estate strongly encourages vowed artists to transfer their works through non-commercial means, such as gifting, rather than selling. In such cases, The Estate recommends that the artist impose a legally binding encumbrance on the work, ensuring that it will carry no monetary resale value. Additionally, the artist is encouraged to enter into an agreement with the recipient to ensure the proper maintenance and preservation of the work.
art. 4 Copyright
Copyright in works created under the name “Myour Gape” is jointly held by The Estate and the individual vowed artist responsible for the creation of the work. The vowed artist retains the right to control the use, reproduction, and distribution of the works they created as Myour Gape, with The Estate holding an equal share of the copyright, allowing the Estate to also exercise these rights.
While shared with The Estate, each vowed artist’s individual rights over the work they created as Myour Gape are not automatically shared with other vowed artists. In cases where a work is created collaboratively by multiple artists under the name “Myour Gape”, the copyright in that work is equally shared among the collaborating vowed artists and The Estate. All artists involved in such a collaboration must be vowed artists. The collaborating artists collectively retain the copyright to their work, with The Estate holding an equal share.
Any use of a Myour Gape work by The Estate in ways that extend beyond the usual scope of shared copyright must be authorized by the original creator of the work.
art. 5 Legal Status, Enunciation & Existence
At present, The Estate does not seek formal legal recognition and operates independently of established legal entities. This document, which constitutes an original work, serves as the official foundation of The Estate of Myour Gape. As a literary and conceptual creation, its content benefits from automatic copyright protection under international copyright law from the moment of its creation. Any attempt to duplicate or imitate this document partially or in full is prohibited under the rights conferred by its status as an original literary work. The Estate of Myour Gape exists through this enunciation, and the articulation of its mission and functions is sufficient to establish its presence. This document constitutes the full expression of The Estate’s present existence and the scope of its activities, for an undetermined period of time, until further charter additions will be approved.
art. 6 Governance
The Estate of Myour Gape is herein founded by Clemente Ciarrocca, who, at the time of this document’s approval, serves as the sole executor of The Estate. In this capacity, Ciarrocca is bound by the provisions outlined in this charter.
The articles of this charter are immutable and may not be altered or amended by any group or individual, including The Estate’s executor. However, additional articles may be introduced, provided they do not obstruct or contradict the existing provisions of this charter.
The authority to propose, vote on, and veto new articles is vested in the executor and in vowed artists who have consistently and openly practiced under the name Myour Gape for a minimum of three (3) years. While these artists hold decision-making power, input from newer vowed artists shall be encouraged and considered during the decision-making process. The procedures and regulations for proposing, voting on, and vetoing new articles to the charter shall be determined by the executor in collaboration with the first three (3) vowed artists who have consistently and openly practiced under the name Myour Gape for at least three (3) years. These procedures must be established within six (6) months of the third artist reaching the three-year milestone, and will be subject to periodic review and revision. The procedures shall also define the criteria for a majority vote and include provisions for resolving tied votes. Until these procedures are defined, the executor may freely add any amount of new articles to the charter, provided they do not obstruct or contradict the existing provisions of this charter
First signed by the Executor on September 4th, 2024.
