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Richard Prince Settled His New Portraits Copyright Lawsuits

The copyright infringement lawsuits over Richard Prince’s New Portraits works were set to begin on Monday. Yesterday, though, the judge accepted mediated settlements between the parties, and the cases are over.

Exhibit 7: Not *Willfully* Infringing Billboard, now ENJOINED, from *Graham v Prince*, as seen on the West Side Highway and in the book, obv

According to the settlements, Prince will pay Donald Graham and Eric McNatt each “damages” equal to “five times the sale price” of the New Portrait that included their photographs. For Graham, that is Portrait of Rastajay92, which sold to Larry Gagosian for $38,000. For McNatt, that is Portrait of Kim Gordon, which sold at Blum & Poe Tokyo for $90,000. Prince, Blum & Poe, and Gagosian and his gallery are all also enjoined from “reproducing, modifying, preparing
derivative works from, displaying publicly, selling, offering to sell, or otherwise distributing” either phototographers’ original images, the New Portraits incorporating them, the respective exhibition catalogues and, in Graham’s case, the West Side Highway billboard showing a wonky iPhone installation shot of Prince’s New Portraits exhibition at Gagosian. Both settlements also include “all costs incurred.”

The settlement was reported in The Art Newspaper and Courthouse News as Prince being found “guilty” of infringing the photographers’ copyrights. And it is absolutely the case that the settlements include judgment “entered in favor of the plaintiff[s] and against the defendants for the claims asserted against them” in the complaints, which is copyright infringement.

Yet Marion Maneker, the hardest-working man in the art lawsuit business, quotes folks from Prince’s legal team saying that, “Mr Prince made no admission of willful copyright infringement,” and “did not pay legal fees for either party’s lawyers.” Which sounded like a contradiction, and both these claims can’t be true, until I was writing this post.

“This settlement allows Richard and all of the artists to move forward with their practices,” they told Maneker. Which, ironically, echoes something Prince expressed in his 2018 deposition for the cases: a desire to move on and not think about the New Portraits series again. And even though it was reflective of and inextricable from many, many facets of his practice over the years, he did not add.

Update: the NYT account seems to be clearer about the parties’ interpretations of the settlement.

Nebelmeer, Nebelmeer

a real estate listing photo of the living room of a townhouse in georgetown using staged furniture and a giant inkjet on canvas version of friedrich's wanderer, a 19th century flaneur on a mountain outcropping, with his back to the painter and viewer as he surveys a foggy mountain landscape before and below him. the wall behind this fake art is painted baby blue, which inadvertently complements the friedrich, because it's not like they'd let a stager paint it that color, right? anyway, i have declared this installation a work in itself, and am ready to repeat it somewhere for public enlightment and entertaining — *Untitled (Nebelmeer)*, 2024, 48 x 48 in., paint on canvas, installed on a wall painted in complementary Benjamin Moore color with a suitably atmospheric name, via zillow

In what, from the finishes, looks like the early 90s, A police station in Georgetown was converted into two townhouses. One of them is being sold with help from a little known version of Caspar David Friedrich’s Wanderer Above The Sea and Fog. The H on the throw on the sofa stands for Hamburger Kunsthalle.

Previously, related: Monochrome House, 2016
Untitled (A Painting for Two Rooms by Cactus Cantina), 2017
Untitled (Blurred Frida), 2020
LMAO I have works like this that I haven’t even posted, just grabbed the MLS image and declared it, talk about tree falling in the forest

Manifest Destiny

EMPIRE
EMPIRE
EMPIRE
EMPIRE
EMPIRE
EMPIRE
EMPIRE
EMPIRE

Just months after being charged with killing his wife, he donated a sculpture to a benefit exhibition on behalf of the War Resisters League, which the host purchased. It remains in situ.

Barnett Newman, Other (1963)

David Diao, *Barnett Newman: Chronology of Work (Updated)*, 2010, acrylic & vinyl on canvas, 84 x 156 in., image via Greene Naftali

One of many epic paintings David Diao made about Barnett Newman’s catalogue raisonné is a yearly tally of work, sorted by category, into zips. Every time I see it I think, “Other? What was the one other?”

Barnett Newman, *Model for a Synagogue*, 1963, collection Centre Canadien d’Architecture

And then rewatching Diao’s 2013 Dia talk last night, I am reminded that Other is a synagogue Newman designed, Diao said, for an architectural competition. There’s a 2014 story at Grupa O.K. about Harald Szeemann wanting to borrow the model [fabricated by Robert Murray] for a show in 1983, and Annalee refusing to lend it. She left it to the in the CCA in Montreal in 1991.

LATER TONIGHT UPDATE: EXCEPT. Newman did not make this for a competition, but for an exhibition. In mid-1963 he was working on the Cantos print series when Richard Meier, of all people, invited him to be the only non-architect in a show at the Jewish Museum, Recent American Synagogue Architecture. Newman also wrote an essay for the catalogue about synagogue architecture in the postwar context. His relationship with the Jewish Museum soured a couple of years later when he opposed what he felt the museum was wrongly implicating him with constrictive labels of Jewish Artist or Jewish Art. Mark Godfrey gets into this and other early postwar artists’ reckoning with Jewish identity and culture a bit in his 2007 book, Abstraction and the Holocaust.

Was Ist Das Boot? Celmins| Richter Double Vision

*Vija Celmins | Gerhard Richter, Double Vision*, exhibition catalogue from Kunsthalle Hamburg

Posting about underseen little grey Richters really brings out the underseen little grey Richters. In a conversation begun on bluesky, Michael Seiwert mentioned seeing several in a very interesting show last Summer at the Hamburger Kunsthalle. Vija Celmins | Gerhard Richter, Double Vision, curated by Dr. Brigitte Kölle, is an intriguing Celmins show that is also a very rare two-artist Richter show.

Vija Celmins, *Explosion at Sea*, 1966, 13 1/2 x 23 1/2 in., oil on canvas, in the collection of the Art Institute of Chicago

I love the show’s idea of “juxtaposing such a strong female position with the work of Gerhard Richter, so often presented as a singular phenomenon,” not just to see his work “with a fresh eye,” but because it puts both of them in a larger, richer context. These artists clearly share interests, approaches, motifs, and even biographies, that felt unexpected at first, but feel obvious now.

Spread showing rough times at sea from *Celmins | Richter, Double Vision* exhibition catalogue

Some of the resonances between Celmins’ and Richter’s practices come immediately to mind: photo-based painting, found/everyday objects, seascapes, fighter planes, grey, they’re all in there. But browsing the catalogue, I was straight up surprised by the spread above, which features a 1963 Richter titled Schlachtshiff [Battleship], and a 1966 Celmins, Explosion at Sea.

*Destroyed Richter Painting #02 (ship)*, 2012, 40 x 30 in., oil on canvas

That Richter, though, is one the artist destroyed in the mid-1960s. It was the first of the Destroyed Richter Paintings I had remade in China in 2012, after seeing a photo of it, from Richter’s Archive, in Spiegel. OK, technically, and explicitly to the point, I had Richter’s archival photo painted at the scale of the destroyed painting it depicted, and I have shown and lived with this picture. So it is wild to see it included in this discussion. As Jaboukie might have said if he’d ever posed as Richter on twitter, “Just because I destroyed it doesn’t mean I can’t miss it.” Obviously, I am buying the book immediately.

Vija Celmins | Gerhard Richter, Double Vision, May-Aug 2023 [hamburger-kunsthalle.de]
Previously, related:
2012: Will Work Off JPEGs: Destroyed Richter Paintings
2016: Destroyed Richters at Chop Shop, as tweeted by Roberta Smith

David Diao: On Barnett (And Annalee) Newman

Installation view of *David Diao: On Barnett Newman, 1991-2023*, at Greene Naftali, showing *BN: Cut Up Painting*, 2014, center. image: greenenaftaligallery

Finally catching up to Adam Simon’s December post on Two Coats of Paint about David Diao’s now-closed show at Greene Naftali of 30 years of paintings relating to Barnett Newman.

Diao has so much going on in his Newman works, paintings about another painter, a subject which became a concept, and Simon does a good job pulling it together. In Jeffrey Weiss’ essay for a forthcoming catalogue of the works, he quotes Diao explaining that “his interest in Newman dates to a period associated with a crisis of faith in the viability of abstract painting.”

This language of faith and crisis and the mysteries of abstraction has echoes in the origins of one of my favorite of Diao’s Newman paintings from 2014, which was here called BN: Cut Up Painting. It’s the blue and white work above.

When I wrote about Diao’s exhibition of the work in Brussels in 2016 [it was called Barnett Newman: The Cut Up Painting], I tried to pull together the accounts of its creation: Barney had asked his wife Annalee to cut up a painting that was finished, but, in his eyes, unresolved. She only did it after his sudden death, then anguished by a dream about the violent act, had it reassembled by a conservator. Barnett and/or Annalee’s work has been the subject of fascinating work by conservators, art historians—and Diao, but it has never been exhibited. Diao’s version is as close as we can get.

It really does seem like abstraction has been causing a lot of people a lot of grief over the years.

David Diao: Impeccable Touch [twocoats]
David Diao: On Barnett Newman, 1991-2023 [greenenaftali]
Previously, related, 2016: David Diao: Barnett Newman: The Cut Up Painting, 2014
Also: David Diao on Barnett Newman, from Dia’s Artists on Artists Lecture Series, c. 2013

Kominka Renovation By Atelier Tekuto, 2009

and if you go through and to your left.. Jukou, 2009, image: tekuto.com

Traditional Japanese rural architecture was disappearing in the 1950s when Yukio Futagawa raced to photograph it and publish my favorite architecture book ever, Nihon no Minka. Some minka remain in states of reverent historic preservation. What it seems almost never happens, though, is that a minka is renovated. It feels like almost nothing gets renovated in Japan.

…and lie down in the kitchen, just next to the stove room, Jukou, 2009, image: tekuto.com

So it’s wild that in 2009, Yoshihiro Yamashita, working as Atelier Tekuto, did a modern update to a late 19th century kominka in Iwaki, Fukushima, using historically sensitive, if not preservationist, materials.

From the outside, the strongest gesture was replacing whatever metal garbage cladding was there with plaster panels. But the real breakthrough is on the inside, where drop ceilings were removed to reveal the roof and beams. It took me a minute to map this photo to the outside views, but the square paper lamp and stove help; this is just a two-story space photographed while lying on the floor.

Jukou, 2009, by Yasuhiro Yamashita/Atelier Tekuto [tekuto.com]
Previously, related: Kusakabe House, Takayama

‘Please note this lot is the property of a consumer.’

a 1967 print of a photo of a 1965 painting by gerhard richter of a cream sheet of paper being curled up from the lower right, exposing an open cone of its greyish white underside and the underlying surface, where richter signed and dated it, 6.2.67, feb. 6, 1967 — Gerhard Richter, *Blattecke (Sheet Corner)*, 1967, offset print mounted on cardboard, 234 x 180 mm, ed. 555/739, sold at Christie’s UK in 2019

According to Section H1 of the conditions of sale [pdf], EU & UK buyers at online auctions conducted by Christie’s London have the right to cancel a sale within 14 days, IF the buyer is a consumer AND if the seller is NOT a consumer. This right is not available for lots sold by consumers. If the seller of a lot is a consumer, it will be stated, and/or the lot will be marked with the symbol, ∍.

But even if that weren’t the case, nothing says property of a consumer quite like the 555th example of a 1967 Gerhard Richter offset print published in an edition of 739, and which he subsequently declared to be open and unlimited.

Little Richter Panels

Gerhard Richter, *Abstraktes Bild, CR 448/1*, 1979, 25x 36 cm, oil on wood panel, image via Christie’s, who sold it in Amsterdam in 2017

This odd, thick, little 1979 Abstraktes Bild is not only a rare example of Richter painting on wood, it has the same dimensions as that odd, thick, little 1964 grey Abstraktes Bild from the other day.

When they sold it in 2017, Christie’s tried to make it sound like this visibly multi-layered painting was part of Richter’s squeegee development process. But I think that thick, tectonic red surface got crinkled by something else, like plastic wrap.

Gerhard Richter, *Abstraktes Bild CR 947-2*, 2016, oil on Alu-Dibond, 27 x 35.5 cm, image via davidzwirner

Anyway, it turns out, though he definitely had an Alu-Dibond phase in the 1990s, Richter has not made that many paintings on wood panels. There were a couple of 2016 squeegees on wood in Zwirner’s 2023 show of “last paintings”; in fact, two of them were in Richter’s last show at Marian Goodman in 2020, too. One Alu-Dibond painting from 2016 is almost the same size as these wood ones. I imagine on a hard support, the squeegee just hits different.

Previously: Das Erste Abstraktes Bild?
Gerhard Richter Painted: a look at his paintings after his “last paintings”

It. Was. The. Boots. It. Was. The. Boots.

pre-order through Jan. 22 at boots.foundation

In 1997 Christopher Wool said making paintings from Richard Prince jokes felt “like I was Richard Prince for a day,” and “like I was doing Richard’s act.”

In his first deposition, in the Canal Zone/Yes Rasta case, Prince explained that, “The reason why he took the girlfriends is he wanted to be a girlfriend,” and the reason he made the Rasta paintings was the desire “to look like that some day.”

So it stands to reason that the trustees of the Boots Foundation will feel like Wool, Prince, Luhring, and/or Augustine when they start filling pre-orders for these T-shirts next week. Godspeed you, Silkscreening Emperor!

Das Erste Abstraktes Bild?

Gerhard Richter, *Abstraktes Bild, CR-36-b*, 1964, 14 x 10 in., oil and tape (?) on panel, image via gerhard-richter.com

David Rimanelli just posted this little Gerhard Richter painting on instagram, and I swear, I cannot figure out how I’ve never noticed it before.

It is just 14 x 10 inches, 35.7 x 25.5 cm, an oil on panel—the description on Richter’s website, and the Sotheby’s lot description from 2007 both say it is oil and tape on panel, but I really do think the absence of the tape is the point here.

The Sculptures of Etienne-Jules Marey

Etienne-Jules Marey, *Flight of a gull*, 1885, Collège de France via monash.edu’s 2002 archive of Expo-Marey, a defunct flash website

On social media this morning art historian Michael Lobel noted that Xavi Bou’s time-lapse photographs of birds in flight reminded him of the photos and sculptures of Etienne-Jules Marey. Which, respectively, of course, and wtf?

Etienne-Jules Marey, lost bronze sculpture of gull in flight, 1887, via Braun’s *Picturing Time*

I did not know Marey made sculptures, but he did. In her extensive 1992 monograph Picturing Time, Marta Braun writes that sculptures were part of Marey’s efforts from 1885-87 to produce 3-D chronophotographs of movement.

John Cage’s Truckera: The Making Of

From 1985-87 John Cage worked on one of his most ambitiously scaled projects ever, a full-scale opera created by chance operation. “Europera 1 & 2” debuted at the Frankfurt Oper in late 1987, and they have been an object of longtime interest and fascination on this blog. But because my interest was first in the visual and material aspects of the production—the props, the canvas flats with blown up vintage opera imagery—I missed a key sound element: “Truckera.”

“Truckera” was a 3-minute sound loop made of 101 opera LPs recorded in batches, and mixed down in layers into one “thick” truck-like sound. “Truckera” was to be played by the percussion section of the “Europera” orchestra. Which, fine.

What is wild, though, is that Cage produced “Truckera” live, on air, on the Columbia University radio station, WKCR, with a studioful of turntables and DAT decks and a team of dozens of audio engineers. It took almost three hours.

In between takes and mixes, Cage and host Brooke Wentz chat; Cage reads excerpts of collaged-together synopses from “Europera’s” 12 different programs; and they play recordings of various recent or related works. All the while, the sounds, cues, and logistical banter of audio production continue in the background [or whatever the Cagean equivalent is.]

At times the broadcast feels like, if not quite a Cagean composition, then definitely a Cagean performance, the kind of lecture/musical event Cage did often on college campuses. But it’s actually something rarer: a chance [sic] to eavesdrop on some central moments of Cage’s actual production.

This all comes up now because the Truckera broadcast was recorded, and rebroadcast, and rebroadcast again. WKCR aired it last September 5 to mark Cage’s birthday. And Laura Kuhn, director of the John Cage Trust, just finished airing it—in three one-hour installments—on her weekly show, All Things Cage, on WXGC. I haven’t actually gotten through all three yet, but it’s already the best Cage recording I’ve heard this year.

All Things Cage on WXGC via Wavefarm:
30 Dec 2023: Opera Mix For and With John Cage (1987) Part I
06 Jan 2024: Opera Mix For and With John Cage (1987) Part II
13 Jan 2024: Opera Mix For and With John Cage (1987) Part III

Kelly White Red Green Black, 2024

Imagine peace.

Thank You For Your Silver Service, Donald Judd X Puiforcat

four of the eight sterling silver pieces in the Donald Judd dinner service, by Puiforcat

Saw the Donald Judd X Puiforcat silver dinnerware again on wildoute’s tumblr this morning and was reminded I’m apparently not living in a way that it will effortlessly cross my path. I will have to seek it out at the Hermès store [or the Judd Foundation?]

Donald Judd dinnerware, with other Puiforcat photobomb, at 101 Spring, from tiktok/graciewiener

Technically it dropped last spring. From this hilarious tiktokker [“also the building’s beautiful”] and the Vogue piece, it looks like the embargo for the fashion/influencer reveal at 101 Spring lifted on May 15th. But it kept getting announced/discovered through the fall. And the making of video on Puiforcat’s own page for the collection is only a month old. Anyway, I think you can no longer use the excuse that it wasn’t available.