the occasion of the 135th Anniversary of the birth of the sculptor Constantin Brâncuşi , I propose here a special role in which he is directly involved.
Brâncuşi The case refers to an unusual legal case that had as protagonists the Romanian sculptor Constantin Brancusi, a U.S. customs official and a sculpture (now famous): Bird in Space. Two short
conditions are necessary to better understand the dynamics of the facts of the case:
- artistic research of Brancusi, the sculptor leads to a progressive stylization of forms
- in 1910 became a friend of Marcel Duchamp, who is in charge of promoting his work in the United States.
Nel'ottobre 1926, Brancusi, decided to exhibit his sculpture in the United States in 1923, Bird in Space, the highly stylized forms (currently the sculpture was estimated 27.5 million dollars).
Brâncuşi ship arrives in New York from Paris, accompanied by his friend Marcel Duchamp, direct to the avant-garde Brummer Gallery.
An official of the Customs (FJH Kracke) opens the case and discovers among other things, an object of bronze on a polished metal base. Since I could not see the essence of flight, that is what the artist wanted to communicate, the official classified the object as "Kitchen Utensils," intended to trade, refusing to apply the tax exemption (duty free) under paragraph 1704 of the Tariff Act of 1922, relating to works of art.
Duchamp and Brancusi are indignant, protesting, they claim that the object is a sculpture and is intended to show Brummer, seeking to leverage the reputation of the sculptor who had exhibited in 1913 at 'Armory show (a minimalist exhibition) Art on the apparent scope of the object and also on irony that likely would have done the newspapers calling the teacher "sculptor of insignificant things."
But there is nothing to be done: we see Brâncuşi forced to pay the amount under paragraph 399 for the importation of metal products: 40% of the selling price, ie (to $ 240) approximately $ 2.400. The official flight every residual doubt (on the introduction of objects in the country for commercial purposes, therefore taxable) when he discovers that he sold Brâncuşi other sculptures.
Brâncuşi For there is no other path than that of the process, but does not appear personally at the hearings: he prefers to be represented by their lawyers, Maurice Speiser and his partner Charles Lane. Start the process Brâncuşi v. United States, U.S. Customs Court, Third Division, which ends two years after the decision of 26 November 1928.
The judges were George Young and Byron Waite. You are witnesses to speak in favor of Brancusi: the photographer Edward Steichen , the sculptor Jacob Epstein, the editor of The Arts magazine Forbes Watson, the publisher of Vanity Fair, Frank Crowninshield, director of the Brooklyn Museum of Art and William Henry Fox the art critic Henry McBride.
Marcus Higginbotham is the lawyer representing the Customs. There are also two witnesses for the U.S. government: sculptors Robert Aitken and Thomas Jones. The Customs defends the actions of its officials, calling a previous record: the case United States v. Olivotti of 1916, where he was recognized as a "work of art" only to those products that are "imitations of natural objects" (objects of imitation of nature). Sculpture exhibit is furnished as Exhibit 1 and begins the questioning of witnesses.
Judge Waite asks Steichen "She calls it like this?" Steichen and replies: "I call it as he called the sculptor, oiseau, that bird." Waite continues: "How do you say that this is a bird if you do not like him?", And Steichen, "I'm not saying it's a bird, I say that it seems to me a bird, just as stylized and has called the artist" .
Waite he insisted: "just because he (the artist) has called bird, this makes them say that it is a bird?" Steichen: "Yes, your honor." But Waite insists: "If you had seen him on the street, would call the bird? If he had seen in the forest, he would shoot him? "And Steichen:" No, your honor. " During the trial, all witnesses to Brâncuşi defend the work of the master of abstraction and argue that the name given to the work is not relevant because the harmonious proportions and fine workmanship.
In contrast, government witnesses say that the sculpture is too abstract (too abstract) and is an abuse of the forms. In cross-examination, the lawyer Speiser asks Aitken (exhibiting the sculpture), "Mr. Aitken, I would say that this is not a work of art? "And Aitken:" First of all because it is beautiful and I do not like. "
Brâncuşi's lawyers argue that the sculpture is a work of 'original art, arguing by copyright law argue that their client has not produced for a profit (by producing a letter from Brancusi to Duchamp before the show, where the sculptor had finished writing the object by hand, ie their hands). But this is not even in the eyes of an artist Brâncuşi legal government, an object or sculpture, for in the Tariff Act of 1922, which provides for the duty exemption for works of art, there is no legal standard for identifying and then the courts must make use of elements eterointegrativi.
In its ruling of November 26, 1928, the judges acquit Brancusi: Bird in Space is a work of art and as such is exempt from duty. In the sentence reads: "The object seen ... is beautiful and symmetrical profile, and if any difficulty may be to associate it with a bird, but it is nice to look at and very decorative, and is also evident that this is an original production of a sculptor at work ... upheld the complaint and determined that the object is duty free. "
The judges who received the complaint Brancusi, comment on the story by saying: "we have or no sympathy for new ideas or those who represent them, we think that their existence and their influence in the world ... should be taken into consideration. "
Kracke (the customs officer) in an interview all'Evening Post. explains: "If one says he is an artist, I am a bricklayer," but also in general public opinion was directed to think that as a sculptor Brâncuşi leave too much to the imagination. The same
Steichen (who later bought the sculpture from Brancusi) said after the trial: "Bird in Space was the best witness of himself. It was the only thing that was clear Court: shining like a jewel. "
http://it.wikipedia.org/wiki/Caso_Br% C3% A2ncu% C5% 9Fi
The U.S. Supreme Court in 1925
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