The Art Market: Copyright or Wrong?

Via The Financial Times

By Georgina Adam
Published: May 20 2011 22:23


Copyright infringement is a hot issue today with Britain poised for a radical shake-up of its law on the subject. In the art market – and in the law courts – it is already squarely on the agenda as more artists incorporate “appropriation” (read: copying) into their practice. Photographers, in particular, are protesting and, in a recent high-profile case, both Richard Prince (king of appropriation) and his gallery Gagosian were found guilty of violating photographer Patrick Cariou’s rights. Prince made collages using Cariou’s images of Jamaican Rastafarians but barely changed them. An appeal is pending.

Matters went the other way in another case just settled. The European court in The Hague has thrown out a suit brought by the French luxury goods group LVMH against Nadia Plesner, a Dutch art student. In her painting “Darfurnica”, Plesner showed a starving African child clutching a swanky Louis Vuitton “Audra” handbag. Inspired by Picasso’s “Guernica”, the work is designed to draw attention to the conflict in Darfur and western indifference to it. It was put on sale in a Danish gallery for €67,000.

Vuitton accused Plesner of copyright infringement and won the initial case against her in January. She was fined almost €500,000 for continuing to display the painting. Vuitton had previously stopped Plesner showing a similar image on T-shirts and posters. But this time the artist fought back and the court has reversed the decision, ruling that the artist’s freedom of expression outweighed the importance of Vuitton’s protection of property. Plesner doesn’t have to pay the fine, the picture can be exhibited publicly and Vuitton has to pay part of her costs. “We [artists] have won back our freedom to make reference to the modern society we live in,” said Plesner. Her painting is currently on display at the small Herning Museum of Contemporary Art in Denmark. Because of the increased public interest, the show has been extended to June 19.

Related: APPROPRIATION: PHOTOGRAPHY, ART, AND "STEALING"

Freedom Riders museum opens in Montgomery, Alabama

Paul Schutzer: Freedom Riders Julia Aaron & David Dennis sitting on board interstate bus as they and 25 others are escorted by 2 National Guardsmen holding bayonets, on way from Montgomery, AL to Jackson, MS, May, 1961

The Associated Press

Friday, May 20, 2011
4:43 a.m.

Montgomery's former Greyhound Bus Station is reopening as a museum honoring the Freedom Riders on the 50th anniversary of the day they were attacked in the capital city.

The Alabama Historical Commission has prepared the museum in downtown Montgomery and says several of the original Freedom Riders, including Georgia Rep. John Lewis, are scheduled to attend the dedication at 10 a.m. Friday. (Full schedule here.)

The Freedom Riders were trying to integrate Southern bus stations when they arrived in Montgomery on May 20, 1961. They were beaten by an angry white mob because no law enforcement officers were on hand.

The new museum is a few blocks from some of Montgomery's other civil rights attractions, including the Rosa Parks Library, the Civil Rights Memorial and the Dexter Avenue King Memorial Baptist Church.



----On the 50th anniversary of a night when a savage mob trapped Riders and others in a church in Montgomery, Alabama -- with no guarantee that they would not torch the church and everyone inside -- LIFE.com looks back at one of the most terrifying, and pivotal, moments

END OF WORLD MAY 21?

Steve Schapiro: The Worst is Yet to Come, New York, c. 1968

US preacher warns end of the world is nigh: 21 May, around 6pm, to be precise

Steve Schapiro: Supermarket Protests, New Jersey, 1963

Malcolm X was born Malcolm Little on May 19, 1925 in Omaha, Nebraska

Gordon Parks: Malcolm X Addressing Black Muslim Rally in Chicago, 1963

"May 19th is the date one of the most influential and greatest African Americans in history was born, El Haaj Malik El-Shabazz, known to us as Malcolm X.

Today marks what would be the civil rights activist's 86th birthday. He was many things to many people, but he was nothing short of legendary. He is credited with pushing for democracy in modern Black America, spreading Islam in black communities and boosting the morale of African Americans.

He once said he wanted 'to bring about the complete independence of people of African descent here in the western hemisphere...and bring about the freedom of these people by any means necessary.'"

-- The Oficial Malcolm X Website

Bob Gomel: Black Muslim leader Malcolm X photographing Cassius Clay, Miami, 1964







The Man with a Camera: A Night with Bill Eppridge

Bill Eppridge runs alongside a car carrying Robert Kennedy

 © Burton Berinksy.

Fairfield Museum and History Center
Thursday, May 19 7-9:00 pm

$8; Members and Students, $5
To register in advance, call 203-259-1598.

Take a march through time as former Life magazine photographer Bill Eppridge shares stories about his illustrious career spanning more than five decades. Eppridge’s iconic images are a testament to the importance of photojournalism in documenting history and range from the Civil Rights movement to the powerful image of a dying Robert F. Kennedy cradled in the arms of a busboy. His stories will inspire young and old along with a new generation of photographers.



At 8:32 Sunday Morning, May 18, 1980, Mount St. Helens Erupted

Bill Eppridge: Mt. St. Helen's Survivors, July, 1980




Shaken by an earthquake measuring 5.1 on the Richter scale, the north face of this tall symmetrical mountain collapsed in a massive rock debris avalanche. In a few moments this slab of rock and ice slammed into Spirit Lake, crossed a ridge 1,300 feet high, and roared 14 miles down the Toutle River.


The avalanche rapidly released pressurized gases within the volcano. A tremendous lateral explosion ripped through the avalanche and developed into a turbulent, stone-filled wind that swept over ridges and toppled trees. Nearly 150 square miles of forest was blown over or left dead and standing.

At the same time a mushroom-shaped column of ash rose thousands of feet skyward and drifted downwind, turning day into night as dark, gray ash fell over eastern Washington and beyond. Wet, cement-like slurries of rock and mud scoured all sides of the volcano. Searing flows of pumice poured from the crater. The eruption lasted 9 hours, but Mount St. Helens and the surrounding landscape were dramatically changed within moments.

A vast, gray landscape lay where once the forested slopes of Mount St. Helens grew. In 1982 the President and Congress created the 110,000-acre National Volcanic Monument for research, recreation, and education. Inside the Monument, the environment is left to respond naturally to the disturbance.
--Mt. St. Helens National Volcanic Monument

Museum Exhibit Surveys Relationship of Painting to Photography

Jackie, 1964.

Acrylic and silkscreen ink on linen, 20 x 16 inches.

The Andy Warhol Museum, Pittsburgh. Founding Collection,

Contribution The Andy Warhol Foundation for the Visual Arts, Inc.

© 2010 The Andy Warhol Foundation for the Visual Arts, Inc./Artists Rights Society (ARS), New York.

 

Shared Intelligence: American Painting and the Photograph

May 20, 2011 - September 11, 2011
The Georgia O'Keeffe Museum
Curators: Jonathan Weinberg and Barbara Buhler Lynes



Shared Intelligence will be the first major museum exhibition to survey the fraught but highly productive relationship of painting to photography in 20th-Century American Art. It brings together approximately 75 photographs and paintings by such artists as Robert Bechtle, Chuck Close, Thomas Eakins, Sherrie Levine, Georgia O’Keeffe, Cindy Sherman, Charles Sheeler, Ben Shahn, Edward Steichen, and Alfred Stieglitz for whom the two mediums were essential to their practices.


In opposition to Modernist critics such as Clement Greenberg and John Szarkowski, who have tried to establish the autonomy of painting and photography, a crucial theme of this exhibition is the way in which the two mediums have always intersected and spilled into each other. The camera has been used repeatedly to reinvigorate painting, even as photography has been frequently enriched by a dialogue with painting.

Whereas in the beginning of the 20th Century photographers felt obligated to justify their use of the camera as a means of expression, today the question is no longer, can photography be the equal of painting but rather has the photograph, and photo-based images, supplanted painting’s position in the hierarchy of the art world. Certainly it is nearly impossible to imagine a contemporary artist whose work is untouched by the camera, if only as a means of reproduction. And yet the photograph’s role in modern art goes far beyond reproduction or even as a source of subject matter. Photographic seeing, the way the lens freezes, flattens, enlarges and crops the world conditions all visual representations. Above all there is no way of escaping the photographic archive, the camera’s service to the vast legal, scientific and economic systems of knowledge that categorize and regulates modern existence itself.

Central to the exhibition will be the role of the crop and the close up in the modernist figurative tradition. O’Keeffe’s early work cannot be separated from the photographic practice of her husband, Alfred Stieglitz and the other photographers he represented. Her use of the close up in her paintings, while not literally based on particular photographs, responded to and influenced the photographs of Stieglitz and of Paul Strand. Certainly Stieglitz and his collaborator, Edward Steichen, were profoundly influenced by contemporary painting and collage (Steichen began his career as a painter).

The exhibition will pair paintings and photographs in which the visual relationship is both compelling and intrinsic to the creative process. How did Ben Shahn translate his photographs of a store window into a painting of the same subject? What elements did David Hockney take from his photographs of pools and swimmers in order to create a painting of a boy diving into the water? How does Chuck Close obsessively grid out and copy his source material so that in the end the process itself becomes an essential part of the work’s meaning? The aggregate result of the exhibit will be to refute the idea that painting from a photograph is some sort of failure of imagination or technique—rather the two mediums enrich each other. Ultimately, the exhibition will emphasize the role of the artist as picture maker, rather than as either painter or photographer.

Museum information and tickets here.

MAY 17, 1954: BROWN vs BOARD OF EDUCATION DECIDED

Linda Brown (L), the 10 years old, who was refused admission to white elementary school, and her 6-yr-old sister Terry Lynn walking along railroad tracks to bus which will take them to segregated Monroe Elementary School.

Carl Iwasaki's assignment for LIFE magazine was to photograph the Brown Sisters starting school during the time of the Brown vs. Board of Education trial. This essay ultimately was one of Iwasaki's most poignant and significant. The remarkable photograph of Linda Brown and her younger sister walking to school is one of the more iconic photographs representing the early civil rights struggles of the 1950s. Recently, Iwasaki, now 87,  remarked about this photo, "I distinctly remember tagging along with Linda and her sister on their 20-minute walk to school. I spent two days on the assignment and recall that it seemed curious that there was virtually no other photo coverage of the Brown family. I had a hunch as I worked that I was covering a history-making story."

In this landmark court case, Brown v. Board of Education of Topeka, Kansas, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling that State-sanctioned segregation of public schools was a violation of the 14th Amendment and was therefore unconstitutional. Handed down on May 17, 1954, the unanimous (9–0) decision stated that "separate educational facilities are inherently unequal."

This historic decision marked the end of the "separate but equal" precedent set by the Supreme Court nearly 60 years earlier and served as a catalyst for expanding the civil rights movement during the decade of the 1950s and paved the way for significant opportunities for African Americans in our society—especially for equal justice, fairness and education.


Japanese-American Carl Iwasaki took up photography as a middle school student and began receiving assignments for the student newspaper and yearbook as he entered high school. His development, though, was interrupted when he and his family were forced into a prison camp in Wyoming by the War Relocation Authority. This arm of the government was designed to protect American soil during WWII from potentially dangerous Japanese infiltrators and locked thousands of people up for no other reason than their race.

While the experience was not a pleasant one, it did put Iwasaki in line for his first commission. Upon his release, in 1943, he was hired to take photographs for the WRA, chronicling life inside the camps and the relief experienced upon release. Working from Denver, he took over 1300 photographs for the project and gained enough on-the-job training to pursue a full-time photography career after the war. Iwasaki worked for Life, Time and Sports Illustrated, often drawn to stories about the marginalized and disenfranchised; his photos of the civil rights movement are some of the most affecting.

WARHOL TO THE RESCUE!

Bill Ray: Andy Warhol with Polaroid camera, New York, 1980

The dust has not yet settled from this week's Contemporary auctions, but work by Andy Warhol was clearly one of the big highlights - especially photo-based paintings. The top lot was Andy Warhol’s 1963-64 “Self- Portrait,” made of four photo-booth-strip images in different shades of blue. It went for $38.4 million, above the $30 million high estimate, after a tortuous -- some dealers said tedious -- bidding war between private art dealer Philippe Segalot and a telephone client of Brett Gorvy, deputy chairman and international head of postwar and contemporary art at Christie’s. The price was an auction record for a Warhol portrait. (Via Bloomberg)

"Self-Portrait" (1963-1964) by Andy Warhol, acrylic and silkscreen ink on canvas.

Source: Christie's via Bloomberg

"The market for important works by Andy Warhol, the reigning king of Pop, continued to reach new heights at Christie’s New York tonight, as bidders chased two iconic self-portraits by the artist, setting a new world auction record for a Warhol portrait in the process." Artdaily.org

"Sixteen Jackies" by Andy Warhol, silk screen on canvas.

Source: Sotheby's via Bloomberg

At the Sotheby's sale on Tuesday evening, a Warhol from 1964, "Sixteen Jackies" (est. $20-30 million), featuring a mixed composition of several Jacqueline Kennedy portraits in blue, brown, and white sold to an anonymous telephone bidder for $20,242,500 . Most experts thought that excessive estimates dampened enthusiasm at Sotheby's $128 Million Contemporary Art Auction.
 
The four images of Jacqueline Kennedy, each repeated four times, were enlargements of news photographs that appeared widely and continually in the media after the assassination. Taken from issues of Life magazine, the images depict, from top to bottom: Jackie stepping off the plane upon arrival at Love Field in Dallas; stunned at the swearing-in ceremony for Lyndon B. Johnson aboard Air Force One after the president's death; grieving at the Capitol; and smiling in the limousine before the assassination. 16 Jackies combines a number of themes important in Warhol's work, such as his fascination with American icons and celebrities, his interest in the mass media and the dissemination of imagery, and his preoccupation with death.

Bill Ray: Andy Warhol with 20 x 24 Polaroid Camera, New York, 1980

The more you look at the same exact thing, the more the meaning goes away and the better and emptier you feel."--Andy Warhol, 1975


Related: Composing The Artist: Photographs of Artists and Writers

History, One Photo at a Time

Click here for interactive look inside the archive

The Wall Street Journal
May 11, 2011

When my grandmother passed away a few years ago, it fell to me to clean out her apartment—after the good stuff was divided among family members or sold—and decide what should be thrown out and what kept. It was also up to me to preserve things such as photographs, some dating back to the 19th century, and postcards. The latter ranged from black-and-white scenes of Eastern European capitals in the 1920s to a view of the Empire State Building before it got its antenna to a 1940 color photograph of the brand new Pennsylvania Turnpike.

My mother was pretty good at being able to identify many of the faces in the photographs from the '20s and '30s—friends and relatives relaxing at the beach, having a picnic, going out for a spin in a roadster and my grandmother proudly posing alongside her cowboy tour guide during my grandparents' first trip to the U.S., in 1938.

There were also some people my mother couldn't recall, but that her parents surely would. Short of death, there are few things that remind one of the evanescence of life as profoundly as the realization that when loved ones go they often take with them, and forever, information they would have had at their fingertips.

I was also surprised that I seemed almost the only one in the family who had any interest in preserving all this stuff. I'm not sure what to chalk it up to—possibly sentimentality, a hoarding instinct or the belief that it remains important, though for reasons I can't quite articulate.

In any case, it's hard enough keeping track of this material across a couple of generations, let alone five of them, as the Meserve-Kunhardt Foundation, which I visited recently, has been able to do. And theirs aren't family photos, either. Started by Frederick Hill Meserve, the family patriarch, in the 1890s, and comprising more than 200,000 items, the collection constitutes one of the nation's greatest archives of Civil War and Abraham Lincoln photographs, taken by the likes of Matthew Brady and Alexander Gardner. The trove includes a lock of Lincoln's hair (with an accompanying handwritten note from Dorothy Meserve Kunhardt, Frederick's daughter, explaining its provenance) and the battered wooden boxes Matthew Brady took into the field for storing his negatives.

Gordon Parks/The Gordon Parks Foundation

The foundation has Gordon Parks photos of such luminaries as Muhammad Ali, pictured in 1970.

Furthermore, Meserve-Kunhardt owns the photographic archive of Gordon Parks, the celebrated Life magazine photographer. Mr. Parks, who died in 2006, was a civil rights trailblazer as Life's first African-American photographer. And he was a close friend of Philip Kunhardt, a managing editor at Life, and Mr. Meserve's grandson. "Gordon Parks, who was an old friend of our family and spent Thanksgiving at our home, was so impressed by this family keeping its collection together he decided he wanted the Gordon Parks Foundation to be established as a division of Meserve-Kunhardt," explained Peter Kunhardt Jr., the foundation's current director and Frederick Hill Meserve's great-great-grandson. "He was incredibly close with my grandfather on a personal level. That's a big reason why we have the Gordon Parks collection."

Within the last few years the Meserve-Kunhardt Foundation has also acquired the archive of another Life magazine photographer, Edward Clark, whose most famous image is that of the tear-streaked face of Graham Jackson, a Navy accordion player, taken as FDR's hearse passed on the way to the train station in Warm Springs, Ga. Meserve-Kunhardt's copy of the print is autographed by Messrs. Jackson and Clark.

The experience of visiting the foundation—located at SUNY Purchase in Westchester—is nothing short of thrilling, though one wouldn't normally associate sifting through old photographs with high excitement. (Then again, maybe I'm not the right person to ask, as I decided we had to save the pictures from the '30s of my grandmother flirting with her ski instructor in St. Moritz.) Open any drawer and you're pretty much guaranteed to get—please, oh, please forgive me, Henry Steele Commager, James MacGregor Burns, Shelby Foote, etc.—a Jell-O shot of American history.

The Meserve-Kunhardt Foundation

The foundation has a trove of Lincoln photos.

It starts with the Lincoln portraits. Indeed, there are so many of them that in 2009 the Kunhardts published "Lincoln Life-Size" a monograph devoted entirely to studies of Lincoln's face across a 20-year span from 1846 to 1865. But Lincoln is just the tip of the iceberg. While I fully understand that the earliest image of Lincoln ever taken might make stand the hairs on the back of the neck of a presidential historian but not excite everyone, who can resist Ed Clark's image of JFK taking a break from the pressures of the presidency to check in on baby Caroline in her crib?

The Kennedys apparently so liked the image that President Kennedy was photographed holding a framed copy of the picture. And Jackie Kennedy sent Mr. Clark a thank-you note in 1964 describing the picture as one of her favorites and adding, "I shall treasure it forever—as a reminder of such happy days—when we were all together…." The note is also part of the collection.

However, it's the Gordon Parks connection that lends the foundation much of its glamour—attested by the fact that the honorees at a June 1 gala for the Gordon Parks Foundation include Spike Lee, Karl Lagerfeld and Arianna Huffington, with Iman serving as mistress of ceremonies. Among the Parks works are intimate portraits of celebrities taken over the course of his eventful career and ranging from the likes of Aaron Copeland and Ingrid Bergman, in the throes of her love affair with Roberto Rossellini, to Muhammad Ali.

Cataloging the images has been a monumental undertaking, the Parks material just now reaching completion after a four-year process, the Ed Clark archive barely begun. And then there's "Pat The Bunny," the venerable children's book written by Dorothy Meserve Kunhardt, Frederick's Meserve's daughter and Peter Jr.'s great-grandmother. The Dorothy Meserve Kunhardt Collection includes manuscripts, drawings and the original, handmade 1940 prototype.

It also serves to remind that Meserve-Kunhardt remains very much a family affair. Indeed, Peter Jr. grew up with the Foundation's 1863 Alexander Gardner imperial albumen portrait of a seated Lincoln. "It hung in the living room over the fireplace," he remembered, "until we realized it shouldn't be in that environment."

Write to Ralph Gardner at ralph.gardner@wsj.com