Art
Why buying some conceptual art is like “owning nothingness” – The Ohio State University News
One day in 2016, law professor Guy Rub was visiting The Jewish Museum in New York City when he came across a work of conceptual art that made him pause.
But it wasn’t just the art itself that made an impression – it was the label that described the artwork.
The work, “Untitled” (USA Today), 1990, by the artist Felix Gonzalez-Torres, consisted of candies individually wrapped in red, silver and blue cellophane, arranged on the floor. Gallery visitors were encouraged to take the candies, which were then replenished by museum staff.
What struck Rub was the notation on the label that said the artwork was from “The Museum of Modern Art, New York, gift of the Dannheisser Foundation, 1996.”
“As someone who studies copyright and intellectual property law, that language fascinated me,” said Rub, who is a professor at the Moritz College of Law at The Ohio State University.
“In what sense was this art from MoMA? What did they own? The candies didn’t come from the Museum of Modern Art. The artist himself, who died in 1996, never touched the work that was displayed. It raised so many questions.”
The questions aren’t just academic.
In November 2015, the Crystal Bridges Museum of American Art in Bentonville, Arkansas, announced that it acquired a similar artwork by Gonzalez-Torres called “Untitled” (L.A.), 1991. In this piece, “small, green candies wrapped in cellophane are spread across the gallery floor, so that viewers may touch, take, and consume the work, which can be endlessly replenished,” the museum announced on its website.
The Wall Street Journal reported that the museum paid $7.8 million for the piece. But what exactly did the museum get for that multimillion-dollar price?
Questions like that, and his own experience at The Jewish Museum, inspired Rub to interview 13 art industry insiders, including curators, collection managers, and senior administrators at museums and galleries, about the legal issues of ownership in the art world. He reviewed legal documents, such as contracts, published interviews with industry insiders and studied industry publications and websites. He published his findings last year in the BYU Law Review.
In the article, Rub concluded that conceptual art challenges core notions and hidden assumptions in the law in ways that other forms of art don’t. If you buy a painting by Van Gogh, you know exactly what you’re getting. You’re getting a physical object that can be transferred from one owner to another. Only one true version of that painting exists.
But conceptual art – like the works of Gonzalez-Torres – are different. In these works, the idea behind the work is more important than the actual art object itself.
The problem, though, is that ideas can’t be legally protected by copyright. Ideas can’t be owned (with few exceptions). But museums still buy and sell works of conceptual art for millions of dollars and use terms like “copyright” in ways that the law doesn’t recognize, Rub said.
“Nobody can seriously claim that copyright law protects the notion of placing green candies on a gallery floor for viewers to take,” Rub said.
So what exactly did the Crystal Bridges Museum get when it bought “Untitled” (L.A.), 1991 for $7.8 million?
“From a legal perspective, absolutely nothing,” Rub said. “When the Crystal Bridges Museum bought this piece, they bought something that the law does not recognize. It is owning nothingness.”
No law prevents any museum or gallery from buying 175 pounds of individually wrapped candies in cellophane and presenting them as a work of art, he said. The work could be visually identical to the Felix Gonzalez-Torres installation that the Crystal Bridges Museum paid $7.8 million for. Rub asks: Why wouldn’t such a work be as authentic and identical in all respects to the work that the Crystal Bridges Museum “owns”?
The reason that no museums do this is because of the very powerful social norms of the industry, Rub said. The law may not back up their claims of ownership and copyright, but that hardly matters.
“The truly crucial aspect of this norm is that the people I interviewed stressed over and over that they would never present an installation of a work like that of Felix Gonzalez-Torres without receiving permission of the pseudo-owner,” Rub said.
“When I asked people why they wouldn’t consider doing this, most of them could barely understand the question. In one way or another, they all told me it would be presenting a forgery, which I found fascinating. How can it be a forgery when there is no original?”
Social norms are one thing. But why do museums and galleries use legal terms like “copyright” when they are in these cases, as Rub says, “legal nothingness?”
Rub said he tried to explore with museum and industry officials whether they knew there was a gap between copyright law and their use of copyright terminology and copyright notices. He said their answers were often unsatisfactory and vague.
Officials said things like they “didn’t think about this before” or that using copyright terminology was “something that the [artist] wanted us to do.”
In the end, the use of legal terminology may be less about the law than it appears.
“This inaccurate use of legal terms might be a way for the industry to give even greater legitimacy to its norms,” he said. “It gives them legal cover, even if it doesn’t mean what it says.”
The disconnect between law and the social norms of the art industry doesn’t end when a piece of conceptual art is sold, Rub said.
Normally, when an object is sold, the connection between the seller and buyer is over, at least legally.
“But conceptual artists routinely exercise post-sale control over their sold works. The artists often can control how their work is shown and even who is involved in creating the presentation,” he said.
“Owners of the work are often incredibly deferential to the artists they purchased it from.”
Rub said that while the current system of ownership of conceptual art doesn’t provide the legal protections to owners that they may think it does, it doesn’t matter.
The system works because the art industry needs it. It is a community of insiders that want creativity to be rewarded. The norms of the art industry ensure that artists like Felix Gonzalez-Torres can make a living, Rub said.
The norms are strong enough to protect all involved.
“It wouldn’t be the end of the world if some small gallery created an exhibition of Felix Gonzalez-Torres’ work that is not authorized. They would, however, be shunned by the rest of the art community and find it hard to continue to operate,” Rub said.
“But we need to explore ways for how the law might develop to account for richer understandings of ownership including what it means to own some kinds of art.”
Art
Calvin Lucyshyn: Vancouver Island Art Dealer Faces Fraud Charges After Police Seize Millions in Artwork
In a case that has sent shockwaves through the Vancouver Island art community, a local art dealer has been charged with one count of fraud over $5,000. Calvin Lucyshyn, the former operator of the now-closed Winchester Galleries in Oak Bay, faces the charge after police seized hundreds of artworks, valued in the tens of millions of dollars, from various storage sites in the Greater Victoria area.
Alleged Fraud Scheme
Police allege that Lucyshyn had been taking valuable art from members of the public under the guise of appraising or consigning the pieces for sale, only to cut off all communication with the owners. This investigation began in April 2022, when police received a complaint from an individual who had provided four paintings to Lucyshyn, including three works by renowned British Columbia artist Emily Carr, and had not received any updates on their sale.
Further investigation by the Saanich Police Department revealed that this was not an isolated incident. Detectives found other alleged victims who had similar experiences with Winchester Galleries, leading police to execute search warrants at three separate storage locations across Greater Victoria.
Massive Seizure of Artworks
In what has become one of the largest art fraud investigations in recent Canadian history, authorities seized approximately 1,100 pieces of art, including more than 600 pieces from a storage site in Saanich, over 300 in Langford, and more than 100 in Oak Bay. Some of the more valuable pieces, according to police, were estimated to be worth $85,000 each.
Lucyshyn was arrested on April 21, 2022, but was later released from custody. In May 2024, a fraud charge was formally laid against him.
Artwork Returned, but Some Remain Unclaimed
In a statement released on Monday, the Saanich Police Department confirmed that 1,050 of the seized artworks have been returned to their rightful owners. However, several pieces remain unclaimed, and police continue their efforts to track down the owners of these works.
Court Proceedings Ongoing
The criminal charge against Lucyshyn has not yet been tested in court, and he has publicly stated his intention to defend himself against any pending allegations. His next court appearance is scheduled for September 10, 2024.
Impact on the Local Art Community
The news of Lucyshyn’s alleged fraud has deeply affected Vancouver Island’s art community, particularly collectors, galleries, and artists who may have been impacted by the gallery’s operations. With high-value pieces from artists like Emily Carr involved, the case underscores the vulnerabilities that can exist in art transactions.
For many art collectors, the investigation has raised concerns about the potential for fraud in the art world, particularly when it comes to dealing with private galleries and dealers. The seizure of such a vast collection of artworks has also led to questions about the management and oversight of valuable art pieces, as well as the importance of transparency and trust in the industry.
As the case continues to unfold in court, it will likely serve as a cautionary tale for collectors and galleries alike, highlighting the need for due diligence in the sale and appraisal of high-value artworks.
While much of the seized artwork has been returned, the full scale of the alleged fraud is still being unraveled. Lucyshyn’s upcoming court appearances will be closely watched, not only by the legal community but also by the wider art world, as it navigates the fallout from one of Canada’s most significant art fraud cases in recent memory.
Art collectors and individuals who believe they may have been affected by this case are encouraged to contact the Saanich Police Department to inquire about any unclaimed pieces. Additionally, the case serves as a reminder for anyone involved in high-value art transactions to work with reputable dealers and to keep thorough documentation of all transactions.
As with any investment, whether in art or other ventures, it is crucial to be cautious and informed. Art fraud can devastate personal collections and finances, but by taking steps to verify authenticity, provenance, and the reputation of dealers, collectors can help safeguard their valuable pieces.
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Ukrainian sells art in Essex while stuck in a warzone BBC.com
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The Courtauld Gallery at Somerset House has reopened its doors to the public after a fire swept through the historic building in central London. While the gallery has resumed operations, the rest of the iconic site remains closed “until further notice.”
On Saturday, approximately 125 firefighters were called to the scene to battle the blaze, which sent smoke billowing across the city. Fortunately, the fire occurred in a part of the building not housing valuable artworks, and no injuries were reported. Authorities are still investigating the cause of the fire.
Despite the disruption, art lovers queued outside the gallery before it reopened at 10:00 BST on Sunday. One visitor expressed his relief, saying, “I was sad to see the fire, but I’m relieved the art is safe.”
The Clark family, visiting London from Washington state, USA, had a unique perspective on the incident. While sightseeing on the London Eye, they watched as firefighters tackled the flames. Paul Clark, accompanied by his wife Jiorgia and their four children, shared their concern for the safety of the artwork inside Somerset House. “It was sad to see,” Mr. Clark told the BBC. As a fan of Vincent Van Gogh, he was particularly relieved to learn that the painter’s famous Self-Portrait with Bandaged Ear had not been affected by the fire.
Blaze in the West Wing
The fire broke out around midday on Saturday in the west wing of Somerset House, a section of the building primarily used for offices and storage. Jonathan Reekie, director of Somerset House Trust, assured the public that “no valuable artefacts or artworks” were located in that part of the building. By Sunday, fire engines were still stationed outside as investigations into the fire’s origin continued.
About Somerset House
Located on the Strand in central London, Somerset House is a prominent arts venue with a rich history dating back to the Georgian era. Built on the site of a former Tudor palace, the complex is known for its iconic courtyard and is home to the Courtauld Gallery. The gallery houses a prestigious collection from the Samuel Courtauld Trust, showcasing masterpieces from the Middle Ages to the 20th century. Among the notable works are pieces by impressionist legends such as Edouard Manet, Claude Monet, Paul Cézanne, and Vincent Van Gogh.
Somerset House regularly hosts cultural exhibitions and public events, including its popular winter ice skating sessions in the courtyard. However, for now, the venue remains partially closed as authorities ensure the safety of the site following the fire.
Art lovers and the Somerset House community can take solace in knowing that the invaluable collection remains unharmed, and the Courtauld Gallery continues to welcome visitors, offering a reprieve amid the disruption.
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