Richard Prince Sued For–What Else?–Appropriating Photographs

Via Cityfile, we learn that Paris photographer Patrick Cariou has filed suit against Richard Prince, Gagosian [the man and the gallery], and Rizzoli for copyright infringement. Prince used photos from Cariou’s 2000 book Yes Rasta in the Canal Zone paintings he just showed at Gagosian NY last month [Rizzoli published a book of Prince’s works, too.]
prince_canalzone_cariou.jpg
In the suit [embedded pdf at cityfile], Cariou repeatedly calls Prince an “appropriation artist” [quotes included], who “boasts” of “copying” other peoples’ work. What’s different in this case, Cariou argues, is that instead of copying “anonymous commercial imagery, such as advertisements,” Prince has copied Cariou’s work. Which happens to be hard-won portraits of camera-shy Rastafarians, “approximately 100 strikingly original black-and-white photographs, mostly close-up portraits of stern, mystical-looking men within a distinctive tropical landscape.”
As fun as it might be to watch the bedlam if Cariou was granted the relief he seeks–namely, monetary damages for copyright infringment and conspiracy; having every painting, scrap, scan, page and byte of the infringing works turned over to him and destroyed; having Gagosian send out notices to the buyers of Prince’s paintings that it is illegal to display or sell their infringing works–I don’t see Prince or his people losing much sleep over this case.
First off, it’s not like the advertising imagery Prince has used before is either “anonymous” or the product of happenstance. When Prince’s versions of his Marlboro Man photos were shown at the Guggenheim in 2007, the NY Times interviewed well-known photographer Jim Krantz. He clearly had issues with the appropriation–rephotography in this case–and if he hadn’t assigned his copyright to Philip Morris, Krantz would probably be able to get a settlement from Prince, just like the rephotographed Brooke Shields photographer Garry Gross did.
Reading Cariou’s complaint, you’d almost think Prince was simply re-presenting Cariou’s images as his own. In fact, Prince’s process and his use of Cariou’s images are much more complex, and it will almost certainly be the basis for a judgment in Prince’s favor. As the Canal Zone press release explains, process is central to the works:

..[the paintings] are, literally, “put together,” like provisional magazine lay-outs. Some images, scanned from originals, are printed directly onto the base canvas; others are “dragged on,” using a primitive collage technique whereby printed figures are roughly cut out, then the backs of those figures painted and pasted directly onto the base canvas with a squeegee so that the excess paint squirts out on and around the image. On top of this are violently suggestive swipes and drips of livid paint and scribbles of oil-stick crayon which, together with the comic, abstract sign-features that mask each figure’s face, add to the powerful push-pull between degree and effect. This has become a completely new way for Prince to make a painting, where much of what shows up on the surface is incidental to the process.

Collaging and reworking and changes in format, size, medium and styles, they’re all transformative creative techniques that were directly addressed in the 2005-6 case, Blanch vs. Koons, where the same court [the US Southern District] found that Jeff Koons did not infringe Andrea Blanch’s copyright when he collaged a pair of legs from her photograph–published in a 2000 issue of Allure magazine–in a painting. Blanch lost on appeal, too.
Prince’s process means his works, like Koons’s, will almost certainly be declared transformative, not derivative works, and as such, they’re fair use, not infringing. But Cariou’s filing also sows the seeds of another fair use argument, that of criticism and commentary. Cariou waxes on about the Rastafarians,

…a spiritual society, living simply, independently, and in harmony with nature, apart from the industrialized world of environmental pollution and materialism which they reject and refer to as “Babylon.” Naturally, the Rastafarians do not trust outsiders, such as Plaintiff, and it was only after living with them for years that Plaintiff was finally permitted to photograph them.

Prince’s Canal Zone project is precisely a critique of this sort of European Caribbean romanticism:

Prince has transformed the former reality of his birthplace [i.e., the Panama Canal Zone] into a fictive space: “Canal Zone” provides an anarchic tropical scenario in which extreme emanations of the (white American male) id – fleshy female pin-ups, Rastafarians with massive dreadlocks, electric guitars, and virile black bodies – run riot.

And then he takes it further, critiquing utopias wherever they’re found [sic], including Thomas More’s original Utopia, an island “that possessed a seemingly perfect socio-political-legal system.” Sound familiar?
By roughly juxtaposing distinctly unclassy porn against Cariou’s photos, Prince calls bullshit on the myth of the White Man’s humble, harmonic embrace of and by the “simple,” “stern,” “mystical” Rastas. Cariou might as well sue Andy Samberg and NBC for defamation while he’s at it. He’d probably have a better case.

Richard Prince and Larry Gagosian slapped with suit [cityfile via afc]
Canal Zone, Nov 8 – Dec 20, 2008 [gagosian]
Is it even in print? Could the controversy lead to a new edition? LIMITED AVAILABILITY – Yes Rasta by Patrick Cariou [powerhousebooks.com]
If the Copy Is an Artwork, Then What’s the Original? [nyt, 2007]

A Favorite Kippenberger Made From A Favorite Richter

The Martin Kippenberger retrospective closed yesterday at MoCA, which means it’s just a few weeks away from opening at MoMA, which means I’ll finally be able to see one of my favorite-from-afar Kippenbergers in person.
The Happy Ending To Franz Kafka’s Amerika is always fun. And I love the Metro-Net subway stairs and vents for the trains that connect the world–the NY-style ventilation grate in the front lawn of LA’s Schindler House on Kings Rd still conflates those two cities for me.
kippenberger_richter_modell.jpg
“Haven’t you people ever heard of coasters??”
But the one I’ve been waiting to see is Modell Interconti. It’s a coffee table that Kippenberger made in 1987, and the top is made from a Gerhard Richter Grau painting. Kippenberger bought the painting as a Richter, then sold it as a Kippenberger, promptly destroying–or at least disappearing–a significant percentage of its market value.
Though I’m sure he didn’t take too big a hit. Richter’s grey paintings have never been as pricey as his less boring work: the blurred photo-based paintings, the gloppy aerial landscapes, the hard color grids, the squeegees. Which is part of why I like the grey paintings so much; they can be so successful at eliminating the extraneous elements and letting you focus purely on the paint, the surface, the object. And the range is anything but boring. Those giant grey glass paintings at Dia:Beacon create a space as seductive and perceptually disorienting as any Serra.
Ten years after Kippenberger made Modell Interconti, you could get a slightly smaller Richter grey painting at the Armory Show for around $10,000. Which was probably the price of a major Kippenberger by then, too. So within a decade, Kippenberger had caught up with Richter’s market. And now a major Kippenberger–like, say, Modell Interconti–is surely worth more than a small, demure Richter. At least it was pre-meltdown.
kippenberger_richter_moca.jpg
Modell Interconti, 1987, collection Gaby and WIlhelm Schürmann [image: swo.de, link broken (2016)]
The MoCA photo used by the LA Times is probably better. [latimes]
2016 update: Chin-Chin Yap’s case study of the moral rights associated with Modell Interconti, from July 2009 [artasiapacific]

Donate To ArtFagCity’s Year-End Pledge Drive

Paddy Johnson does great work at AFC. By contributing today–right now, in fact–you can help support the expansion online of art, its creation, exhibition, and its thoughtful interpretation. And thanks to her collaboration with Momenta Art to manage AFC’s fundraising and the appropriate, non-profit use of the proceeds, your contribution is tax-deductible.
details, discussion, and donation: The Art Fag City Year-End Fundraiser: the final stretch [artfagcity.com]

On Mormon [sic] Art, 31 Jan 2009

The greg.org Unannounced Holiday Break [UHB? Oh wait, that’s already taken] is over.
cremaster_nauvoo.jpgA month from now, on Jan. 31, I’ll be part of a panel discussing Mormon art and artists at the Sunstone Symposium in Washington, DC. It’s sponsored by Sunstone, a journal of Mormon religious, historical, and cultural thought. [Details and registration info are here.] The panel also includes Lisa Fraser [singer/songwriter], Erin Thomas [writer], and Jonathan Linton [artist/illustrator], and the moderator is Menachem Wecker, a DC-based journalist specializing in religious art.
Since all my fellow panelists are professional artists, I think the organizers wanted me to talk about my film stuff, or the 19th century Mormonism-related screenplay adaptation I’ve been working on, but I didn’t feel I could do that well in a panel. So I suggested–and instead will be talking about–Mormon artists and Mormonism in the contemporary art world. I’m thinking it might be a pretty short talk.
The most prominent references to Mormonism in contemporary art are obviously in Matthew Barney’s Cremaster Cycle, particularly in Cremaster 2, where cowboys two-step around the temple in Nauvoo, Illinois, and Gary Gilmore’s parents visit the spiritualist whose table is supported by Golden Plates. As one of the [presumably] few Mormons to actually see Barney’s work, I figure his interest is in symbology and self-contained systems, and that Mormonism is just another source, like football and Freemasonry, from which he constructs his own hermetic world. If I see Matthew before I speak, I guess I’ll finally ask him if he was actually raised in the church, or if being from Boise is enough to make anyone an honorary Latter Day Saint.
thiebaud_gumballs.jpg
But my main focus is on the three major artists whose Mormon connection is uncontested–and for the most part, unconsidered: Wayne Thiebaud, Paul McCarthy, and La Monte Young.

[above: a trailer (?!) for a 2007-8 McCarthy exhibition in Ghent, maybe nsfw]
Typing those three names next to each other, I can’t think of a more dissimilar-seeming bunch. It seems the only thing they have in common is that they grew up Mormon in the West–Thiebaud in Los Angeles and Southern Utah, McCarthy in Salt Lake City, and Young in rural Idaho–and they all left the Church.
Also, they’re all old. Thiebaud and Young were both born in the Depression [I guess I should get used to saying “the last Depression”], and McCarthy was born in 1945. I tried and couldn’t come up with another prominent artist in the contemporary art world with Mormon connections or roots born since WWII. Though there are a few artists showing in New York these days with LDS connections–Lane Twitchell, my brother-in-law Benjamin Cottam–it does seem that there’s at least one missing generation.
I’ll be researching and posting a bit about this [dis]connection between Mormons & contemporary art over the next few weeks. If anyone has any thoughts, particularly if you want to out your favorite Baby Boomer artist as a Mormon, I hope you’ll drop me a line.

Astute And Observant Viewers Get Fischli & Weiss

It just keeps going and going! From Steven Kaplan emailed with a reply from MoMA curator Christian Rattemeyer about the consciousness of edits in Fischli & Weiss’s Der Lauf der Dinge: “It is his contention that many astute and observant viewers (himself included) have ‘always thought of it as an edited work, never as a continuous chain reaction.'”
D’oh! If you need me, I’ll be over here in the unastute and unobservant section, reading People. But to Kaplan’s–and by extension, Rattemeyer’s, and the entire observant art world’s–point, I didn’t mean to imply that Fischli & Weiss have duped anyone, or that they or any institutions are mis-presenting the piece.
Editing is basic to the language of film, so basic, in fact, that it often disappears from our consciousness. That’s just the way things go. Just as Fischli & Weiss’s meticulously fabricated re-creations of a custodian’s closet, Der Lauf der Dinge‘s impact derives from its seemingly artless [sic] matter-of-fact-ness. It looks and feels like a documentary, just a guy with a camera capturing the way things go. But it turns out to be a film that–like any other film–is the careful culmination of a whole host of aesthetic decisions, both on the set and on the editing table. Maybe the editing point is so obvious, it doesn’t need to be made, but I guess I’m simpleminded like that.
[update after thinking about it: Though F&W’s edits are not cuts, the kind of jumps of time, place, or vantage point we’ve come to read unconsciously as film; they’re almost all illusionistic, dissolves and fades, that attempt to approximate continuity.]
Rattemeyer also brought a show at Susan Inglett Gallery to Kaplan’s attention, titled “The Way Things Go,” in obvious homage. It closes tomorrow, so I’ll have to content myself with the press release and images.
The Way Things Go, through Dec. 20 [inglettgallery.com via thing.net]

Miguel Barcelo, 100 Tons Of Paint And $25 Million Walk Into The UN…

barcelo_un_ceiling.jpgSpanish artist I’ve never heard of #48 Miguel Barcelo got the commission to paint the domed ceiling of the UN Palace of Nations’ Human Rights and Alliance of Civilizations chamber in Geneva.
Eyeteeth has some photos; Designboom has some background on the making of, which involved pigments from around the world and paint ball guns.
Apparently, the minority right in Spain has raised a stink about the government’s share of the $25 million cost. In retrospect, they probably could’ve saved a bundle if they’d let Sony shoot a Bravia ad during production. A 4,600 sf paintball target of peace presents an attractive marketing hook.
Room XX by Miguel Barcelo [designboom]
The UN’s Stalactite Ceiling [eyeteeth]

Vik Muniz Gets Fischli & Weiss

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I’ve been searching for more critical acknowledgment of Fischli & Weiss’s Der Lauf der Dinge as an edited construct instead of the miraculous documentation it’s normally perceived/presented to be.
Though he’s talking about another Fischli & Weiss piece [above], artist Vik Muniz, who just curated Der Lauf der Dinge into “Creating a Rebus,” his show at MoMA, nails some very relevant aspects of the duo’s work:

It’s about this connection between mind and matter — how something is conceptual and formal at the same time. Fischli and Weiss are artists that I admire for this: They manage to put an enormous amount of craft into their illusions. I remember when I first saw this piece at Sonnabend Gallery, people didn’t think these objects were constructed, but they are all cast pieces. It takes a lot of labor to make something look accidental.”

Vik Muniz on Creating a Rebus [artinfo.com, image: matthew marks gallery]
update: In a short podcast with Mexican artist Pablo Helguera, Hirshhorn curator/researcher Ryan Hill mentions F&W’s dissolves a couple of times, and how exhibiting the film on a loop can trap visitors who keep watching the procession go round and round. I don’t know why there’s no way to search, sort of link directly to the many, many podcasts on Hirshhorn’s site, but here’s the mp3 file [hirshhorn.si.edu]

Ceci N’est Pas Un Warhol?

warhol_book_christies.jpg
Careful, this might not be a Warhol. After all, it’s only a signed drawing of a Campbell’s Soup can. But it’s in a Warhol book that has the Warhol self-portrait on the cover which Warhol presented to a collaborator–and which the Warhol Authentication Board declared inauthentic two years ago. So yeah, you never really know.
Really?? Jan. 12, 2009, Christie’s NYC, Lot 218: Andy Warhol (1928-1987) | Andy Warhol; and Untitled (Campbell’s Soup) , est. $6,000-8,000 [christies.com]

Der Kauf Der Dinge

way_things_go_still.jpg
Artforum reports that Fischli & Weiss’s 1987 film, Der Lauf der Dinge, (The Way Things Go), [1] was recently sold at Christie’s in Zurich for 1.02 million Swiss francs. Which is awesome [2], I first thought, since I have that work, and I only paid $20 for it. [d’oh, it’s only $15 on amazon!]
Of course, the Dinge that sold was not the DVD, which is available all over, or even the exhibition copy, which is always a crowdpleaser at museums. [It’s pleasing crowds right now in one of the Hirshhorn Museum’s hallways interstitial spaces, in fact. update: and Vik Muniz put it in the hallway of his show at MoMA, too. Thanks Steven, Tyler, Maggie and Melanie for the tip.] Instead it was, in Artforum’s words, “the original film reel along with a series of relics from the film set.” They said as they cranked up the music and danced on Walter Benjamin’s grave.
Before seeing the making of video for “Cog,” Weiden + Kennedy’s insane, single-shot 2003 Honda Accord commercial which knocked off Fischli & Weisswith spectacular effort and precision [3], I hadn’t given much thought to the making of Der Lauf der Linge or how it existed as a work of art; I just thought it was what it obviously was.

But now it wasn’t so obvious. It had taken W+K 606 takes to get their 2-minute sequence perfect, and even that turned out to have been edited. [It’s really two one-minute sequences edited together where the muffler rolls across the floor. Watch the floorboards.]
Sure enough, there are edits all through Der Lauf der Dinge, mostly dissolves executed by taking the camera in close to something abstract–a spinning garbage bag [2:00] or a pool of foam [2:55, 3:43] smoke from dry ice [7:22], more foam [9:31]–or something abrupt and distracting–the flare of a lightbulb [11:09], the firework exploding on the side of a tire [12:04], a flare of a fuse [13:21] or a candle [13:47] [4]. If F&W had had script girl on set, she might have noticed that a fuse appears out of nowhere at the edge of the flaming pool [14:11], or that the lighting is significantly darker in the second shot.
Actually, that 14-min. cut marks something of a second act. The sequences that follow are all darkly lit, which accentuates their flames and fireworks. There are two more hard-to-spot cuts [15:51, burning hay], [17:26 bucket glare] before a bold, smoky dissolve [18:33] and an even more conspicuous–well, it’s really a montage, what else can you call it?–set of a weighted doll-like device tottering off a plank [19:17]. A dissolve in the blackness at the center of a wheel brings the lights back on [20:18]. More pools of flame on the floor [21:28]. Explosion under a teapot [21:51]. The close-up foam dissolve is now an official motif [22:22, 23:33]. As is the flame-on-floor [24:57]. And the dry ice [25:25].
lauf_der_linge_mattress.jpg
They’re reusing props, too. The orange board that was so obviously being manipulated off-camera [8:00] is now a simple ramp [20:40]. And there’s that air mattress [1:15], now turned and folded [26:00]. Foam [27:00]. Smoke [28:54] whoa, fade to black. [29:02] the end. An edit to nothing, effectively.
23 edits in a 29 minute film, including one seemingly unnecessary one at the very end. Re-used and staged props. If you studied the walls carefully, you’d see the devices are not wrapped around a giant factory, but are staged in the same general strip of space. It turns out The Way Things Go is not the way things are purported to go. Which made me wonder who’s doing the purporting, and who’s doing the assuming?
The artists and their production companies and distributors seem happy to perpetuate the idea that Der Lauf is one, giant, continuous Lauf. Here’s the copy on my DVD case:

Inside a warehouse, artists Peter Fischli and David Weiss build an enormous, precarious structure 100 feet long made out of common household items…Then, with fire, water, gravity, and chemistry, they create a spectacular chain reaction…

Guess they forgot to mention the editing. I haven’t found reactions to the film’s debut in the summer of 1987 at Documenta 8, but when it was first shown in the US, at PS1 in 1988, the NY Times critic marvels at the duo’s “masterpiece to date,” where “the artists manage to sustain a chain reaction of ever-more-absurd materials and events for 30 minutes.”
The edits are clear, even obvious in places, and yet casual observers and critics alike appear to miss or ignore them, preferring the enjoyable spectacle of a 30-minute, non-stop trick. I’ve never heard of this dichotomy discussed in terms of Fischli & Weiss’s work, certainly not in regard to this piece. A cynic could have a lot of fun with the idea that people choosing to believe something enteraining but self-evidently false is, in fact, The Way Things Go.
I should have mentioned much earlier that all my Der Lauf der Linge questions might already have been answered. This whole post might be another in an embarrassing series of RTFM-themed posts, where I could just get the damn book and find out what’s going on. Jeremy Millar wrote a book-length paean to The Way Things Go, the publication of which coincided with a 2006 Fischli & Weiss retrospective at the Tate, which went to Hamburg and Zurich.
And then there’s Making Things Go, a making-of documentary by ex-critic/curator Patrick Frey, who had filmed his friends Fischli & Weiss in 1985 experimenting [rehearsing?] with their various entropic stunts and devices. Though, reading Frey’s account in Tate Magazine, the answers may not be there at all:

The first version was a relatively short loop, which Fischli/Weiss call Sketch for The Way Things Go: a three-minute Super-8 film, in which key sequences of the later 30-minute 16mm film are outlined and tested.
The present film documentation was created during the three-day preparations for this ur-version of The Way Things Go.

Christie’s engaged Frey to lecture on Der Lauf der Dinge as part of the pre-auction excitement, but I haven’t found an account of the event online.
fischli_weiss_vitrine.jpg
But back to the other anomaly, the “originality” of the million-franc version of Der Lauf der Linge. The piece Christie’s sold was from the collection of Alfred Richterich, and though the auction house’s press release [pdf] includes lofty quotes about Richterich’s foundation using the proceeds to support new generations of Swiss artists, there is no mention at all about his own apparently seminal relationship to the film–even though it seems intrinsic to the existence and nature of the work itself.
Richterich is an heir to the Ricola cough drop empire, such as it is, and he pursued his family’s tradition of collecting art and supporting various creative endeavors. According to the monograph of Herzog & deMeuron, who received early commissions from Richterich, he was “instrumental in facilitating” the production of Der Lauf der Linge. Sure enough, Richterich’s film production company is credited on my DVD case, right alongside T & C Film, the production company who provided the crew–and who had produced Fischli & Weiss’s with their earlier film projects.
I had always assumed that Matthew Barney pioneered the art of financing films by packaging props into more easily monetizable vitrines, but Fischli & Weiss had him beat by a full Documenta.
Did Richterich receive a somehow definitive version of Der Lauf der Dinge along with his two vitrines full of ephemera in exchange for funding the production? Was his film reel more “original” than the prints that museums and collectors used before the advent of decent video transfers? Is it the artists’ actual negative or master print? Or is the market’s throwback preference for “objects” as opposed to “art”–even when it comes to the sale of this “icon of Swiss art”–just the way things go?
[1] the artist’s chosen English title is The Way Things Go, which lacks the flowing, riverlike connotation of the direct translation, The Course of Things or The Current of Things.
[2] Of course, it’s slightly less awesome for Christie’s and Richterich, because the pre-sale estimate was CHF1-1.5 million. With premium and VAT, I calculate the hammer price at CHF 790,000, which is an odd increment and well below the low estimate. Looks like even the “icon of Swiss art” market is down these days.
[3] Whatever its knockoff-ish crimes, “Cog” is rightly praised as one of the greatest commercials ever made. It took dozens of people months to design, engineer, and produce. It involved taking apart one of just six pre-production Accords in existence, cars that had been hand-built by Honda. In fact, I’m going to watch it again right now, I’m so jazzed by writing about it.
[4] this one is almost a jump cut; the camera ends up on the other side of a metal sawhorse when the candle ignites its target.

A Tree Grows In Poundbury

I liked Stephen Bayley’s takedown of New Urbanist prig Duane Urbany in the Guardian last weekend, partly for its awful description of Poundbury, a traditionalist-veneered village [sic] in Dorset that’s beloved of Prince Charles:

To visit Poundbury is to be delivered to the furniture floor of a provincial department store in 1954, translated into architecture. It is fake, heartless, authoritarian and grimly cute.

Sounds like early Levittown, but without the charm.
But I love Paul Russell’s bleak photoset of Poundbury, including this unexpectedly awesome photo of a tree. If I were feeling poignant, I’d say it’s doing a deft impression of a Rebecca Horn sculpture. But given the setting, we can be sure it’s actually trying to knock down the wall and flee. [via things]

Fuller x Noguchi Colabo: Dymaxion Car Model

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In what has apparently become an annual feature here on greg.org, I present Rare And/Or Unique Buckminster Fuller Objets. This time last year, it was the Perspex prism chandelier Fuller [had] made as a wedding gift for Princess Margaret. The 2nd item:
A rare, early model of the Dymaxion vehicle, circa 1932, carved by Isamu Noguchi and painted by Fuller. Fuller and Noguchi had met in New York, and began working together on the Dymaxion House. The Vehicle, which was to be a car/plane/whatever eventually followed.
The model had been published many times over the years, but until very recently, it was believed to be lost. Neither the 2006 Noguchi Museum exhibition, “Best of Friends” nor the Whitney’s recent Fuller retrospective are mentioned in the model’s Sotheby’s exhibition history, so I suspect their publicity helped flush it out of hiding. Which makes it a recent discovery indeed.
Important 20th Century Design, Dec. 18, 2008, Sotheby’s New York
LOT 145: R. BUCKMINSTER FULLER AND ISAMU NOGUCHI
AN IMPORTANT AND RARE “DYMAXION” CAR MODEL, est. 40,000–60,000 USD
[sothebys]
update: it sold for $92,500.