3. Photograph 60 x 40 inch Cibachrome print. plastic Crucifix in a jar/bottle of the artist's urine and, by some,
as being "the most deplorable, despicable display of vulgarity " produced by an American artist.
Because the art was funded by the National Endowment for the Arts, it is often cited as a reason why
government funding should not be used to support artists.
4. Srilamanthula Chandramohan (2007)
Images unavailable, so lets get a description from the work’s
persecutors:
"A huge Christian Cross where Lord Jesus Christ was shown with
his penis out on the Cross, his palms and feet hanging from the
two sides and the bottom of the Cross, respectively. Semen was
shown as dropping out of his penis into a real toilet commode
placed beneath the Cross. The toilet contained fishes.“
"Another very large sized painting showed a woman in nude
posture. A baby was shown as attempting to come out of the
vagina of the woman. The picture depicted the woman trying to
attack the baby with a Trishul. The painting had the words
`Durga Mate' written at the bottom."
5. A group of students and artists at MSU Baroda sought to stage a protest demonstration at
the Faculty of Fine Arts by organizing an exhibition of photographs taken from the
classical and explicitly erotic sculptures that adorn the Khajuraho temples in Madhya
Pradesh. When news of this protest exhibition was released, the Dean of the Faculty of
Fine Arts, Shivaji Panikkar, was asked to prohibit it. Dean Panikkar refused, and was
subsequently suspended indefinitely from the University.
6. SERRANO The photograph was one of a series of photographs that Serrano had made that
involved classical statuettes submerged in various fluids—milk, blood, and urine. The full title
of the work is Immersion (Piss Christ).[The photograph is a 60x40 inch Cibachrome print. It is
glossy and its colors are deeply saturated. The presentation is that of a golden, rosy medium
including a constellation of tiny bubbles. Without Serrano specifying the substance to be
urine and without the title referring to urine by another name, the viewer would not
necessarily be able to differentiate between the stated medium of urine and a medium of
similar appearance, such as amber or polyurethane. It alludes to a perceived
commercializing or cheapening of Christian icons in contemporary culture. The art critic Lucy
R. Lippard has presented a constructive case for the formal value of Serrano's Piss Christ,
which she characterizes as mysterious and beautiful. She writes that the work is "a darkly
beautiful photographic image… the small wood and plastic crucifix becomes virtually
monumental as it floats, photographically enlarged, in a deep rosy glow that is both ominous
and glorious." Lippard suggests that the formal values of the image can be regarded
separately from other meanings
CHANDRAMOHAN "The work is not figurative but symbolic. It can be interpreted to mean
several things: one among them could be that the suffering of Christ on the cross has led his
body to a condition of utter dissolution, turning Him into a fleshless state symbolized by water
(fluids of the body). As his body drains into a receptacle (a modern commode) it takes its
form as new life of elementary creatures (fish)...In fact, the theme of water flowing out from
the body of Christ after his crucifixion by those who disapproved of his ideas is mentioned in
the Bible and is a revered part of the story that is read out in churches all over the world at
the remembrance of his death that takes place each year on Good Friday. Also the themes
of suffering, sacrifice and regeneration are key themes in most world philosophies and
religions."
8. Dennis Heiner, a 72 year old Christian who was incensed by Chris Ofili's The Holy
Virgin Mary, threw white paint across the work and proceeded to smear the paint
over the canvas.Chris Ofili, The Holy Virgin Mary, 1999
9.
10.
11. J. S. G. Boggs (born 1955)
is an American artist, best
known for his hand-
drawn, one-sided
depictions of U.S.
banknotes (known as
"Boggs notes") and his
various "Boggs bills" he
draws for use in his
performances. He spends
his "Boggs notes" only for
their face value. If he
draws a $100 bill, he
exchanges it for $100
worth of goods. He then
sells any change he gets,
the receipt, and
sometimes the goods he
purchased as his
"artwork.“
Boggs was first arrested
for counterfeiting in England in 1986, but
was successfully defended by the human
rights lawyer Geoffrey Robertson QC and
acquitted.
He was arrested for a second time
in Australia in 1989, but also acquitted. Since
1990 some of his work and personal effects
have been confiscated by the United States
Secret Service Counterfeiting Division
although no legal case has been brought
against him.
As detailed in Geoffrey Robertson's
book The Justice Game, all Bank of
England notes now carry a copyright
message on the face as a direct result of
Boggs's activities, the idea being that if they
cannot secure a counterfeiting charge,
then they can at least secure a copyright
violation.
The reason he avoids criminal liability for
counterfeiting is that he does not claim his
artworks are money; rather he sells his notes.
17. 'I wanted to bring the art absolutely up to date, to retrieve it from art
history and give it life. Maybe that's why the Guernica action remains so
difficult to deal with. I tried to trespass beyond that invisible barrier that
no one is allowed to cross; I wanted to dwell within the act of the
painting's creation, get involved with the making of the work, put my
hand within it and by that act encourage the individual viewer to
challenge it, deal with it and thus see it in its dynamic raw state as it was
being made, not as a piece of history.'
In an art historical context, Shafrazi's conduct is regarded as vandalism.
But how would Picasso have viewed the matterhe who himself painted
over a Modigliani? Picasso's remarks are more in tune with Shafrazi's
ideas than with what museums stand for: 'Ultimately, what is important
about a picture is the legend it has created, not whether it is preserved
or not,' and 'Everything I have done has been for the present, in the
hope that it will forever remain in the present.
Tony Shafrazi is now a well-known art dealer in New York.
18. Protesting Shafrazi’s arrest and confinement,
Jean Toche, a member of the Situationist
International, produced another art work, a
series of flyers (the FBI was not amused):
“We now call for the kidnapping of: museum’s trustees, museum’s directors,
museum’s creators, museum’s benefactors, to be held as war hostages until a
People’s Court is convened, to deal specifically with the cultural crimes of the
ruling class, and with decision of sanctions, reparation and restitution, in
whatever form decided by the People and the Artists.”
19.
20. The artists purchased a pristine edition of Francisco Goya’s famous antiwar print suite, Disasters of
War, and defaced the etchings by drawing clown and puppy heads on Goya’s characters.
Renamed Insult to Injury, the Chapmans exhibited the mutilated etchings at the U.K.’s Tate
Modern
21.
22. Approximately 900 works were exhibited. These included nudes, genre scenes, still
lifes, idealized landscapes, mythological scenes, images of workers and
heroes, and above all portraits of “pure” and “Aryan” people.
23. At the opening, Hitler
delivered a
programmatic speech on
National Socialist cultural
policy and its conception
of “German art,” making
perfectly clear that the
Nazi regime would only
accommodate art that
was suitable for
propaganda purposes.
Any type of art that did
not comply with Nazi
ideology would be
labeled “degenerate”
and banned from
museums.
“If I presume to make a judgment, speak my
opinion, and act accordingly, I do this not just
because of my outlook on German art, but I
claim this right because of the contribution I
myself have made to the restoration of German
art. Because our present state, which I and my
comrades in the struggle have created, has alone
provided German art with the conditions for a
new, vigorous flowering.
It was not Bolshevik art collectors or their
literary henchmen who laid the foundation for a
new art or even secured the continued existence
of art in Germany. No, we were the ones who
created this state and have since then provided
vast sums for the encouragement of art. We
have given art great new tasks. [ . . . ] I declare
here and now that it is my irrevocable resolve
that just as in the sphere of political
bewilderment, I am going to make a clean sweep
of phrases in the artistic life of Germany.
"Works of art" which cannot be comprehended
and are validated only through bombastic
instructions for use [ . . . ] from now on will no
longer be foisted upon the German people!”
26. The exhibition was hosted in the
Institute of Archeology in the
Hofgarten. The venue was chosen
for its particular qualities (dark,
narrow rooms).
Displayed were the works of Marc
Chagall, Georg Grosz, Wassily
Kandinsky, Ernst Ludwig Kirchner,
Paul Klee, Georg Kolbe, Wilhelm
Lehmbruck, Franz Marc, Emil
Nolde and others
Many works were displayed
without frames and partially
covered by derogatory slogans.
“Insolent mockery of the Divine
under Centrist rule”
“Revelation of the Jewish racial
soul”
“An insult to German womanhood
“The ideal—cretin and whore”
“Deliberate sabotage of national
defense”
“German farmers—a Yiddish view
The Jewish longing for the
wilderness reveals itself—in
Germany the Negro becomes the
racial ideal of a degenerate art”
“Madness becomes method”
“Nature as seen by sick minds”
“Even museum bigwigs called this
the "art of the German people”
27. 18: Juxtaposition of works of “degenerate art by Karl Schmidt-Rottluff and
Amedeo Modigliani and photographs of facial deformities, from Paul Schultze-
Naumburg, Kunst and Rasse, 1928.
.
28. German authorities now made a mockery of Chagall's art, describing them as
"green, purple, and red Jews shooting out of the earth, fiddling on violins, flying
through the air ... representing assault on Western civilization".
29. “L’Ange du Foyer” (1937)
During the Nazi regime, works by Max Ernst were included in the 1937 “Entartete Kunst”
(Degenerate Art) mockery exhibition, as examples of degradation in art.
31. Battle of Ganga and Jamuna: Mahabharata 12: This painting went for $1.6 million
at a Christie's auction in 2008. No other Indian artist has work valued that highly
32. Mother India: Hussain drew the ire of some for his depiction a naked Mother India,
who in this paintings looks to the embattled region of Kashmir with concern.
33.
34. What is art?
What is art for?
Is this art?
Is this good art?
Who made this?
Who owns this?
Who gets to do what with this?
How does the law make art what it is?
What must the artist know about the law?
40. This is the first comprehensive seminar in art law and cultural policy offered in
India, and students will help towards mapping the Indian context even as they
study global issues and standards. Integrally related to intellectual property, art law
encompasses the complexities of international law, contract law, and Constitutional
law. This seminar will examine the intersection between the law and the art world,
a complex world of individuals, institutions, and expressive works. We will explore
some of the legal issues associated with those intersections and relationships.
Using India as a case study, the seminar will examine participants' roles, including
artists; art patrons and consumers; art dealers and auction houses; government
officials; art experts, such as museums, historians, and critics; as well as as forgers,
thieves, and looters.
We will analyze the relationships between art institutions and those who produce,
collect, protect, and "deal" in art. The substance of the course is an exploration of
legal issues, including but not limited to, expressive rights, intellectual property,
and moral and economic rights. The course will also focus on the international
movement of art in times of peace and war, as well as the preservation and
protection of art and cultural property.
41. • TOPIC ONE: What is Art? What is Art Law? What is the Art World?
What is the Art Market?
• TOPIC TWO: When is Art Defined or Protected by the Law?
• TOPIC THREE: Censorship Law And Theory I: The Artist’s Right to Free
Expression: Defining Art as a “Protected Sphere”
• TOPIC FOUR: Censorship Law And Theory II: Limit Issues in Obscenity,
Child Pornography, Hate Speech, Community Sentiments, Feminist
Critique
• TOPIC FIVE: Intellectual Property In Art I: “Moral Rights” of Artists
• TOPIC SIX: Intellectual Property In Art II: Copyright Law and the
Problem Of Postmodernism
• TOPIC SEVEN: Right of Publicity, Theories of Authorship and
Ownership
• TOPIC EIGHT: The Art Market, and More Practical Concerns
• TOPIC NINE: Art Crime: Authentication and Fraud, Heists, Fakes,
Vandalism
• TOPIC TEN: Art as an Object of Cultural Policy: Public Institutions,
Museums and Governance
• TOPIC ELEVEN: Cultural Heritage, Looted Art, Art In War, Treaties
42. Student evaluation will be based on class participation,
including volunteering to do informal presentations (1-8
persons), and participation online
A more formal group or individual presentation will be
required and graded. It will link one of our topics to Indian
examples. (1-3 persons) (this will be up to 30% of the final
grade)
A final paper will count for 50% of the final grade.
In addition to class meetings, students will also be required to
view films and attend guest lectures. (“Lab” time/ extra
classes will be Wednesdays 4:30-7:30 if announced in
advance).
Regular classes will be Mondays 4:30-7:30.
A course manual will be given, but will remain open.
43. 1. Tumblr Class Page
http://artlawclass.tumblr.com/
This is a daily newsfeed, as well as an ongoing archive of readings,
some of which will be required.
2. Facebook Private Group
https://www.facebook.com/groups/296726120467769/
Required readings will be posted here, and students will have a
chance to post their own comments and share readings as well.
3. Scribd Document Collection
http://www.scribd.com/collections/4313518/Art-Law-and-Cultural-
Property
This is an archive of background materials. This will be relevant only
for further research
44. World-making, world-mapping, research, subculture, fandom, file-
sharing, taste-making, up all night talking, immersion, gossip, in-jokes,
making connections, starting a law office, hatching a plot
Get into small groups and visit the city (or other cities, or villages)
You will never know everything. Make peace with that immediately and
dive in joyfully. The world won’t end if you don’t understand something,
but new worlds might start if you try.
If airheaded investors and trendy socialites can map this world in a
limited way, so can you
The class is 75% about contemporary art, but you can find ways into
other interests: antiquities, music, comics
Keep an notebook, use a pen (pencil optional, computer for reading only)
Secret Facebook Group
Tumblr Site (curated collection of news items, images, readings, and
videos).
Not excited? Perfectly fine, but please make room for others.
45. To understand the art world today, there are few stories as good as this one, and
the example of this artist and this work.
Editor's Notes
All of these examples show the social system within which valuations of are made. It is not just what we call “the art world” and it is not just the intervention of the law or politics.