Tree painting, moral right or an environmental message?

In 2013 the Houston Arts Alliance (HAA) commissioned artist Konstantin Dimopoulos to create an installation called “Painted Trees” in Houston. The installation used a series of crepe myrtles embedded in one of Houston’s traffic cloverleafs at Waugh and Memorial. Dimopoulos has undertaken similar blue tree projects internationally, hoping to raise awareness for deforestation and draw attention to trees we might otherwise ignore. Here’s a short video of the artist describing the art advocacy project:

Well the artist has been surprised to discover that the work has been reprised/plagiarized/re-celebrated/repeated. Many like me had likely assumed that the artist was repeating the project. Not so, this project was an initiative of the Houston Parks and Recreation department. They painted the same grove of trees, and another grouping, blue and green.

Here’s my own photo of one of the groups I took a few weeks ago:

The Houston Parks and Recreation department painted these crepe myrtles, image from March, 2018.

The art project was a popular surprise to most five years ago. Though It always struck me as odd that the artist and City invited selfie hunters to an area without sidewalks, where you had to dodge unfriendly cars to get a close look.

According to the City, the new project was meant to draw attention to wildflower and prairie plantings that have been done in the area.  The city plants wildflowers in the area most years, and this summer red phlox should bloom amid the green and blue trunks when the crepe myrtles are also blooming. A great thing to look at, and an improvement certainly over a sad strip of roadside mown grass. But has the city of Houston managed to violate the moral rights of Dimopoulos? Or will most of the attraction be owed to the work of mother nature? Texas arts blog Glasstire noted that Dimopoulos’ wife noted in a facebook comment that:

It’s Adele Dimopoulos here, Kon’s wife and business manager. We most certainly do know about the blue trees being copied by city Parks and we are in the process of addressing this through various channels.

We are aware that there is a much bigger issue of copyright and IP for all artists at stake here. So sit tight and let’s see what shakes down.

The artist claims to own rights in the special paint formula that he developed, which is temporary, harmless to the trees, and bright blue. In response Abel Gonzales, the parks department’s deputy director of greenspace management is quoted in the Houston Chronicle this morning that: “We thought we did our homework”, noting he cleared the paint project with parks department planners. And the formula was a new creation of a city employee, combining lime wash and pigment. The artist Dimopolous is quoted in this morning’s Houston Chronicle, and is not a fan:

“It looks horrible, and it really has no relevance anymore here”.

It seems mainly what Dimopoulos wants is an apology from the city, perhaps even removal of the pigment. ON the one hand I can certainly appreciate his position, but if his art was intended to bring attention to deforestation, the amount of water and harm to the trees perhaps shows he wasn’t all that interested in the environmental aspects of his projects. He really wanted individual attention as an artist. Nothing wrong with that of course, but when you have a relatively straightforward idea, that many other artists have likely had, perhaps you should be a little magnanimous when others attempt to carry forward your vision. Am I wrong, is the artist wrong? Let me know in the comments.

 

 

Moving a Street Art Gallery in Austin

Since 2011 the HOPE Outdoor Gallery in Austin has offered permission walls for aspiring street artists. Hope stands for “Helping Other People Everywhere”. The site was a failed condo development which was converted into an outdoor gallery with the help of artist Shepard Fairy in 2011. It has become quite the tourist and Austin attraction. Fairey of course is best known for his OBEY stickers, and the controversy over his successfully lifted Obama HOPE poster.

Now though the park is moving to a new location on 6 acres outside of central Austin near the Austin-Bergstrom International Airport. The new site should still attract visitors and Instagram photo hunters, but will not be quite so centrally located North of bustling Lamar in the heart of Austin. That property is a valuable piece of land in Austin, and as one of the founders of the HOPE organization which manages the outdoor gallery Andi Scull Cheatham told the Austin Chronicle in 2016:

This project was meant to have a shelf life of a couple years, but once the owner saw how much it had been embraced and loved by the community, he’s done everything he can to keep it going.

The move was approved in February by the Austin Historical Landmark Commission. Part of the cement wall of the existing park will be moved to the new location, but the rest of the walls will be demolished. An amicable arrangement as compared to the 5Pointz dispute.

  1. Craig Hlavaty, Austin’s “Graffiti Park” to be demolished – Houston Chronicle, Houston Chronicle (Jan. 30, 2018), https://www.chron.com/news/houston-texas/texas/article/Austin-Graffiti-Park-to-be-demolished-Hope-Outdoor-12536309.php#photo-10133301.
  2. Nicole Raney, Downtown Austin’s iconic graffiti park searches for new home, Austin Culturemap (8.8.2016), http://austin.culturemap.com/news/arts/08-08-16-hope-outdoor-gallery-castle-hill-grafitti-new-location/?platform=hootsuite.
  3. Community bids fond farewell to HOPE Outdoor Gallery | Texas (Feb. 25, 2018), http://www.kxan.com/news/local/austin/community-bids-fond-farewell-to-hope-outdoor-gallery_20180312075742473/1031502585.

Supreme Court Rules Objects from the Persepolis Collection will stay at Chicago

An Image of the excavation at the Palace of Darius at Persepolis involving archaeologists from the University of Chicago in 1939.

The Supreme Court has ruled that victims of a 1997 terrorist attack in Jerusalem cannot satisfy their default judgment by seeking possession of antiquities from Iran which have been on loan to the University of Chicago Oriental Institute since 1937.

Administrative records in Elamite

This collection of objects, the Persepolis Fortification Archive rests in Chicago for a good reason, these thousands of clay tablets have been studied at the University of Chicago with the permission of Iran. It affirms a ruling by the Seventh Circuit.  In 1997 three Hamas suicide bombers detonated themselves in a crowded area in Jerusalem. Eight U.S. citizens who were victims in the attack filed a suit against Iran on the theory that Iran was liable due to its support of Hamas. Iran did not contest the lawsuit, essentially protesting the ability of an american court to hold it liable, and so a $71.5 million default judgment was entered against Iran.

Since then the plaintiffs have attempted to satisfy the judgment. At issue in this case were collections of antiquities which are being held by the Oriental Institute and the Field Museum. In most cases, the property of a foreign State is immune from this kind of suit, but some provisions of the Foreign Sovereign Immunities Act might have offered an exception to this immunity according to the plaintiffs. However the Supreme Court disagreed in a technical decision of interpretation in a unanimous opinion found insufficient grounds to allow the plaintiff’s to attach the cultural objects.

I had hopes that the opinion might offer a chance that the Supreme Court to offer ideas on the special status of antiquities or cultural objects, but those hopes were dashed. This was a technical opinion which made no mention of culture, heritage, or cultural property. Any special status of works of art or objects of antiquity will have to be inferred. Lawyers for the Republic of Iran did begin their brief by noting:

Petitioners seek to satisfy their default judgment by seizing ancient Persian artifacts loaned to an American museum almost a century ago for academic study. That sort of cultural property – a nation’s historic patrimony – has long been immune from execution. Instead, execution has historically been limited to commercial property and commercial entities. Nothing in § 1610(g) contemplates the dramatic departure from well-accepted immunity principles that petitioners now propose.

Rubin v. Islamic Repbublic of Iran, No. 16-534 (U.S. 2018).

$6.7 Million Award for 5Pointz Artists

5Pointz before it was whitewashed

A federal court has held that the real estate developer Jerry Wolkoff is liable for intentionally destroying 45 works of art when they were whitewashed in 2013, amounting to a total award of $6.75 million dollars. The ruling comes as a bit of a surprise given the limited success of artists under the Visual Artists Rights Act in the past.

Jerry Wolkoff purchased the vacant factory in the 1970s in Brooklyn after manufacturing had left the area. Graffiti artists asked him for permission to display their art on the building in the 1990s, and he agreed. The building then became a haven for graffitie, even a renowned attraction. An artist Jonathan Cohen, otherwise known as Meres One, started acting as a curator of the space in 2002.

By 2013 the factory had become a valuable piece of real estate, and Wolkoff had plans to demolish the site and start a new development on the. The site had been much beloved by then, and so the artists brought suit to prevent the destruction of the art. That injunction was unsuccessful, and so Wolkoff immediately whitewashed the art, a willful act that seems to have been the primary driver for Judge Block’s scathing decision:

If not for Wolkoff’s insolence, these damages would not have been assessed. If he did not destroy 5Pointz until he received his permits and demolished it 10 months later, the Court would not have found that he had acted willfully. Given the degree of difficulty in proving actual damages, a modest amount of statutory damages would probably have been more in order.

The shame of it all is that since 5Pointz was a prominent tourist attraction the public would undoubtedly have thronged to say its goodbyes during those 10 months and gaze at the formidable works of aerosol art for the last time. It would have been a wonderful tribute for the artists that they richly deserved.

The ruling may be appealed, but the decision marks an important precedent for works of visual art and especially works of temporary art. Landscape art, graffiti, and other similar works may be impacted by the ruling.

On one hand this ruling stands as an obvious victory for the artists themselves. But taken in the broader context, will future property developers be wary about inviting graffiti artists? Perhaps street art has become so popular and ubiquitous now, that there will not be a chilling effect of future uses of derelict buildings for graffiti exhibitions like Cohen helped create.

International Cultural Heritage Course in Malta this Summer

 

Ħaġar Qim is a megalithic temple complex dating to 3200 BCE

This summer I’m slated to teach a two-credit hour course on International Cultural Heritage Law in Valletta, Malta. Valletta will serve as Europe’s 2018 Capital of Culture. Malta is a wonderful setting—Baroque architecture, outstanding works by Caravaggio, and we hold classes in the World’s first planned Renaissance city, Valletta.

My course examines the intersection between law and heritage. We study disputes over ancient sites, works of art, and antiquities. A particular emphasis will also be the legal instruments which prohibit the intentional destruction and whole-scale looting of ancient culture. We will examine international conventions, domestic laws, and analyze the prominent cases which have arisen over cultural heritage disputes.

Students at ABA-approved U.S. law schools in good standing are eligible to apply. Information about the other courses, and information about applying can be found here:

Valletta, Malta

Air strike damages Iron Age temple of Ain Dara

Ain Dara, with a view of the entrance to the temple showing the footsteps carved in the floor, which were meant to show the path of the divine entering the temple. Via Wikimedia.

Bombs have destroyed much of the Iron Age temple of Ain Dara in Northern Syria. Reporting indicates the temple was the target of an air strike conducted by Turkey. The temple dated to the 9th century BCE, and was perhaps of a similar design to Solomon’s Temple in Jerusalem. The Hittite temple had survived for 3,000 years, and it has been reported that the temple was deliberately targeted.

Here is a similar view of the temple after the airstrike:

An image of the complex after the alleged Turkish air strikes provided by the Syrian Directorate-General of Antiquities and Museums

The damage seems extensive. Martin Bailey reported for the Art Newspaper that:

Turkey’s air force bombed Ain Dara as part of its military offensive against the Syrian militia YPG (People’s Protection Units), a mainly Kurdish faction which is fighting for autonomy from the Damascus regime of president Bashar al-Assad. The Ankara government is concerned that Syrian Kurds are supporting Kurdish separatists and terrorists in Turkey.

A large basalt lion, discovered in 1955 via wikimedia.

 

There are claims that the temple was deliberately targeted, an action that would certainly contravene the 1954 Hague Convention on the Protection of Cultural Property during armed conflict. It may even be classified as an action of intentional destruction. The temple has been photographed and documented, so at least some of this damage may be alleviated with modern reconstructions.

Here is some first-hand video from AFP:

International law was unable to prevent this destruction, the open question is whether it will provide a remedy. And if there is a remedy, who will seek it? Syria? A Kurdish state?

 

Matthes on ‘Radical Redistribution of Art’

The Ilissos sculpture, on display in London, originally adorned the Parthenon

Erich Hatala Matthes, a Prof. of Philosophy at Wellesley College has authored an argument for the radical redistribution of wealth in the open source journal Ergo. From the abstract:

Museums are home to millions of artworks and cultural artifacts, some of which have made their way to these institutions through unjust means. Some argue that these objects should be repatriated (i.e., returned to their country, culture, or owner of origin). However, these arguments face a series of philosophical challenges. In particular, repatriation, even if justified, is often portrayed as contrary to the aims and values of museums. However, in this paper, I argue that some of the very considerations museums appeal to in order to oppose repatriation claims can be turned on their heads and marshaled in favor of the practice. In addition to defending against objections to repatriation, this argument yields the surprising conclusion that the redistribution of cultural goods should be much more radical than is typically supposed.

An interesting argument, and it sounds to me like he is making a case for cultural justice.

Erich Hatala Matthes, Repatriation and the Radical Redistribution of Art, 4 Ergo (2017).