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Volume 39 - Number 4 - May 2008
Rainbows and Centipedes: 20th Century Discoveries of China’s ‘Lost’ Bridges
by Ronald G. Knapp, SUNY Distinguished Professor Emeritus at the State University of New York, New Paltz with photography by A. Chester Ong. Ronald Knapp is the author of Chinese Bridges: Living Architecture from China’s Past (Singapore and North Clarendon, VT, 2008; with photographs by A. Chester Ong).
The author became aware in late 2005 of the numerous timber-arched bridges that still stand within the remote counties of Zhejiang and Fujian. In November 2006, he visited several of these counties, coming away overwhelmed by the growing number and potential significance of the bridges. For example, there are seventeen in Jingning county in Zhejiang province and thirteen each in Qingyuan and Pingnan counties in Fujian. Knapp gives an account of these dramatic, even majestic and daring architectural structures that epitomize the refined use of material to span space, how they fitted into the evolving transportation system and how they also served as multifunctional sites for a variety of activities more than a millennium ago. The article is beautifully illustrated with photography by A. Chester Ong. Their publication Chinese Bridges: Living Architecture from China's Past has just been released by Periplus and Tuttle (http://www.periplus.com).
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Xianju bridge, 2005
Taishun county, Zhejiang province
First built 1453; rebuilt 1491, 1563, 1673 and 2002
Length 41.83 m
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More Sight than Sound: Extra-musical Qualities of the Qin
by Nick Pearce, Professor of Chinese Art and Director of the Institute for Art History, Department of History of Art, University of Glasgow.
Much has been written about the history and playing techniques of this zither-like musical instrument however little has been published about its close relationship with both landscape and figure paintings and ideas that have their origin in Chinese visual culture. The author explores the visual references and symbolic meanings which are shared with the instrument and certain pieces written for it.
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Yu Shun qin
Qing period, 18th century
Wood with cinnabar lacquer
Length 112 cm
Trustees of the National Museums of Scotland (1912-805)
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A Han Dynasty Lacquer Box from the Hammonds Foundation
by Margarete Prüch, specialist in Han dynasty lacquerware. Her most recent research relates to the lacquer objects of today’s Jiangsu province.
This rare and well-preserved example of lacquer art of the Han period was acquired in 2006 by the Hammonds Foundation, an institution which supports East Asian art research. In addition to the unusually high quality of its craftsmanship, the inscription on the box makes it exceptional - it has been applied in red lacquer, rather than scratched into the artefact, and it explicitly mentions two officials whose names both appear on two excavated lacquerwares made in the Guanghan imperial workshop at Zitong. The loan of the box to the Museum fur Lackkunst in Munster, Germany gave the author with an opportunity to study in detail its decoration and its important inscription for this article.
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Box
Western Han period (206 BCE-CE 8)
Lacquer
Height 17.5 cm, diameter 24.5 cm
Hammonds Foundation, Dallas;
on temporary loan to the Museum für Lackkunst, Münster
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Was Carved Lacquer Ever Manufactured at Guoyuanchang? An Examination of Textual and Material Sources
by Lee King-tsi, former dealer of Chinese art who has been studying Chinese lacquer for more than 50 years.
The author examines several Chinese sources, including Qing court records, in an attempt to confirm the existence and location of Guoyuan Chang - where it was built, what its function was and what has become of it. He concludes that, until more substantial evidence surfaces to support the claim that it was an imperial factory for carved lacquer in the Yongle period, it was merely a storage facility for carved lacquer during this period.
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Box
Xuande period (1426-35)
(Qianlong period; 1736-95?)
Carved lacquer
Height 12.2 cm, diameter 37.2 cm
Palace Museum, Beijing
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Two Screens of the Elegant Gathering in the Western Garden in Western Collections
by Burglind Jungmann, Professor of Korean Art and Visual Culture at the University of California, Los Angeles. Her teaching and research interests include the history of Korean painting in its cultural, social and political context and the exchange in art between China, Korea and Japan. Her monograph Painters as Envoys: Korean Inspiration in Eighteenth Century Japanese Nanga was published in 2004 by Princeton University Press.
The author investigates and analyzes the iconographic themes on two Korean screens in relation to possible Chinese models. From the Los Angeles County Museum of Art and the Museum of East Asian Art in Cologne, both feature some of the most admired heroes of Chinese antiquity such as Su Dongpo, Huang Tingjian, Mi Fu and Li Gonglin who were adopted by the scholarly elite of the Choson period to emphasize their own status and knowledge of traditional philosophy, poetry, painting, calligraphy and music.
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Elegant Gathering in the Western Garden
Korea, Choson period, possibly early 19th century
Ten-panel screen, ink and colour on silk
Height 160 cm, length 366 cm
Los Angeles County Museum of Art (M. 2000.15.30a-j)
(Purchased with Museum Funds)
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A Wild Man and His Cloud Boat on the Yellow Sea: The Monk Xuezhuang and His Huangshan Residence
by Joseph Chang, Associate Curator of Chinese Art at the Freer Gallery of Art and Arthur M. Sackler Gallery of Art, Smithsonian Institution, Washington, DC.
To celebrate an exhibition `Yellow Mountain: China’s Ever-Changing Landscape’ at the Arthur M. Sackler Gallery from 31 May to 24 August, the author gives an insight into the life and work of Xuezhuang who, although little known today, was during the late 1690s second only to Hongren as a Monk-Painter of the Yellow Mountain.
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Cloudy Boat in the Yellow Ocean
By Xuezhuang (c. 1646-1719), 1718
Hanging scroll, ink and colour on paper
Height 100 cm, width 76.5 cm
The Nelson-Atkins Museum of Art
Purchase: Nelson Gallery Foundation (F86-43)
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An Interview with Aziz Bassoul
Aziz Bassoul’s collection focuses on the art of Cambodia, both Hindu and Buddhist, although Indonesia and Thailand are also well represented, and Asian works from other areas are included as well. As his collection grew, Bassoul developed the idea of writing a book on the iconography of Southeast Asian art. The result is Human and Divine illustrated with pieces from his own collection and so titled because Bassoul considers these to be categories whose boundaries overlap, not only in the pantheon of divinities depicted in the art, but also in the thought that underlies their representation. In this interview, Orientations talks to Aziz Bassoul about the book and his collection.
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Aziz Bassoul alongside Khmer sculptures, Mahumani
pagoda, Mandalay, Myanmar, December 2005
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Vishnu Vamanavatara
Cambodia or Thailand, Lopburi school, 13th century
Bronze
Height 44 cm
Aziz Bassoul Collection
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Lakshminarayana
Cambodia, Angkor Vat-Bayon style, late 12th century
Bronze
Height 13.3 cm
Aziz Bassoul Collection
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Prajnaparamita Lokeshvara
Cambodia, Bayon style, late 12th-13th century
Bronze
Height 40 cm
Aziz Bassoul Collection
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Book Review: Bon - The Magic Word
In her assessment of this publication that was designed to accompany the eponymous show at the Rubin Museum of Art, New York (5 October 2007-14 April 2008), Amy Heller notes that, rather than an exhibition catalogue with historical and descriptive entries of the works of art, this book `presents a series of carefully written essays conceived to familiarize the reader with the basic tenets and most important doctrines of Bon, the historical and mythical teachers revered by its adherents, the artistic representation of Bon deities and holy men, as well as ritual practices and the conception of sacred geography and sites, all illustrated by works in the exhibition.’ She concludes that it is a concise and accurate presentation of the complex concepts, history and iconography which are the underpinning and the expression of the Bon religion.
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Peaceful and Wrathful Deity Body
Tibet, 20th century
Pigments on cloth
Height 104.1 cm, width 66.7 cm
Rubin Museum of Art
C2006.66.56 (HAR 200037)
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Announcements
The Asian Art Museum of San Francisco announced the appointment of Jay Xu as its new director, with effect from 15 June. Xu, who until recently held the position of Pritzker Chairman of the Department of Asian and Ancient Art at The Art Institute of Chicago, will succeed Emily J. Sano, who retired in January. Xu’s long and rich museum career began in 1988 as assistant curator at the Shanghai Museum; he went on to serve as a fellow in the Department of Asian Art at The Metropolitan Museum of Art, and as Head of the Department of Asian Art and Foster Foundation Curator of Chinese Art at the Seattle Art Museum, before moving to Chicago. He will lead museum staff in rendering the art and culture of Asia accessible to a broad audience, oversee special exhibitions and public programmes, direct activities regarding the expansion of audiences and supporters, and guide the management of the museum’s 17,000 artworks.
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Jay Xu
(Photography by Susan
Huang/Art Institute of Chicago)
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As part of a renewed commitment by the Harvard University Art Museums to further arts scholarship, Ray Williams has been appointed to the newly created position of director of the education department, which has also been expanded. Williams, who has over 20 years’ experience in museum education, will plan, develop and implement educational and public programmes at the Art Museums, and work with the Harvard Graduate School of Education to develop object-based teaching, research, education and learning. A major gift to the education department by Dorothy and Milan A. Heath, Jr, who have also pledged to endow a position there, will be used for the continuation of programmes for schoolchildren and to further the Art Museums’ educational objectives.
On 23 February, The Huntington Library, Art Collections, and Botanical Gardens at San Marino in Los Angeles held the opening of the first phase of its new Chinese garden, ‘Liu Fang Yuan’ (the ‘Garden of Flowing Fragrance’). Comprising pavilions, a tea house and tea shop, and five stone bridges, all set around a 1.5-acre lake, the Suzhou-style garden will eventually be the largest of the various specialized gardens on the 120-acre grounds, occupying a site of 12 acres. The garden was conceived ten years ago, and was funded by a bequest from Los Angeles businessman and philanthropist Peter Paanakker and grants from the Starr Foundation of New York, as well as by some 300 other sponsors, around 70 per cent of whom are Chinese or Chinese American.
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A view of the Jade Ribbon Bridge and the
Pavilion of the Three Friends at the Garden of
Flowing Fragrance, The Huntington Library, Art Collections,
and Botanical Gardens, San Marino
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The John and Mable Ringling Museum of Art has announced a gift of US$1 million from the Ting Tsung and Wei Fong Chao Foundation to create an endowment to support Asian art. The gift has been matched by the State matching programme for endowments, making a total of US$1.56 million. In recognition, galleries that were formerly in the west wing will be renovated in conjunction with plans for the new Dr Helga Wall-Apelt Asian Art Galleries, for which the museum has already received US$6 million of an US$8 million pledge from Wall-Apelt (see Orientations, January/February 2008, pp. 81-83).
The latest project of the Kathmandu Valley Preservation Trust in New York is to restore the Patan Royal Palace Complex. As well as conserving over ten major monuments constituting the Royal Square and gardens, it is also planned to turn part of the complex into a Museum of Architecture, which will complement the nearby Patan Museum. The project was launched by HRH The Prince of Wales in 2006. To raise funds, the trust will hold a gala, ‘New York for Nepal’, on 19 May, featuring an exhibition and silent auction of limited-edition photographs by Robert Polidori. The gala will celebrate the leadership of Mr and Mrs Prithivi Bahadur Pande. For further information about the gala, email kvptbenefit@yahoo.com or call 1-212-727-0074 (New York).
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Sundari Chowk, one of several 17th century
quadrangles in the
Patan Royal Palace Complex, and the focus of current restoration work
(Photography by Stanislav Klimek, 2006)
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A selection of Robert Powell’s recent drawings is currently on view in the exhibition of Shaman’s drums, ‘Trommeln der Schamanen’, at the Ethnographic Museum in Zurich (until August 2008). Powell’s detailed paintings and drawings of the architecture in the countries he has lived in and visited, such as Nepal, India, Pakistan, Japan and China, were inspired by the ‘material manifestation’ of those cultures. In addition to existing buildings as well as objects, his oeuvre includes reconstructions of historical structures and representations of imagined places and artefacts. One of his current projects is a series of paintings of Angkor.
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N.W. Temple Ta Keo, Angkor
By Robert Powell (b. 1948), 2007
Watercolour
Height 110 cm, width 80 cm
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A museum conference, ‘Shifting Sites: Cultural Desire and the Museum’, takes place in Hong Kong on 17 May. Eight internationally renowned speakers will discuss the concept of ‘museum’ in relation to the construction of so-called ‘cultural facilities’ in places like Abu Dhabi and Hong Kong’s West Kowloon, centring on issues such as whether the one-stop cultural district can really emulate the vibrancy of art scenes in cities like London and New York, and what today’s museum should look like. For further information visit www.aaa.org.hk or email Chantal Wong on chantal@aaa.org.hk.
‘China: at the Court of the Emperors, Unknown masterpieces from Han tradition to Tang elegance (25-907)’, on view at the Palazzo Strozzi in Florence until 8 June, highlights China’s transformation and cultural renaissance from the Eastern Han to the Golden Age of Chinese history. Because of the Florentine Renaissance, the city was considered an ideal location for such a show, which includes some works never previously seen outside China.
Gallery News
London
The highlight of Gregg Baker’s summer exhibition ‘Some of My Favourite Things’ in his Kensington Church Street gallery from 5 to 28 June is a Japanese 15th/16th century lacquered and gilt-wood sculpture of Dainichi Nyorai.
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Dainichi Nyorai
Japan, Muromachi period, 15th/16th century
Wood with lacquer and gilding
Gregg Baker Asian Art
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A wide variety of objects will be on view at Roger Keverne’s summer exhibition ‘Fine and Rare Chinese Works of Art’, which opens on 13 June. Ranging in date from the Neolithic period to the 19th century, the group includes archaic and figural bronzes and other metalwork; ceramic sculptures and porcelain vessels; painted, champlevé and cloisonné enamels; lacquerware, and jade. A pair of cloisonné table screens from the mid-17th century decorated with flowering plants and fruits were once owned by Sir Harry Garner. They were exhibited in the OCS’s ‘The Arts of the Ming Exhibition’ in 1957 and illustrated in Garner’s book Chinese and Japanese Cloisonné Enamels (London, 1970).
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Box
Qianlong period (1736-95)
Lacquer
Diameter 25.3 cm
Roger Keverne Ltd
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European Art Fairs
Brussels Oriental Art Fair (BOAF)
2008 marks the fourth year for this fair, which takes place from 4 to 8 June in the heart of Brussels. The selected participants come mainly from various European countries, as well as Hong Kong, Indonesia and the USA.
The fair’s organizer, Georgia Chrischilles, will be showing various sculptures of animals, such as an Indian Gupta period terracotta goose and a pair of wood aso figures of the Dayak culture in Indonesia; included also in this group is a Pala period figure of the elephant-headed Ganesha.
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Dorje
Tibet, 16th century
Gilt bronze
Georgia Chrischilles
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Christophe Hioco Gallery selection of Vietnamese art comes from a well-known Swiss private collection. Among the Dong Son bronzes is a perfume burner surmounted by a pelican holding a weight in its beak, a standard of measure in exchanges and barter. A ceremonial vessel on a high foot exemplifies the Giao Chi artworks; Vietnamese motifs decorate the handles and a Chinese-style lattice imitating clouds forms the foot.
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Vessel
Vietnam, Giao Chi period (1st-3rd century)
Bronze
Height 54 cm
Christophe Hioco Gallery
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Among the varied and eclectic display of Buddhist sculpture and other works from Southeast Asia, India and China being shown by Jonathan Tucker and Antonia Tozer is a circa 16th century Nepalese stone Vishnu attended by four kneeling acolytes.
Mingei Arts Gallery will show a mid-16th century Japanese mask representing a sumo wrestler, which was offered as a gift to the general and feudal lord Kazutoyo Yamaouchi, perhaps by Oda Nobunaga, one of the founders of Edo. Galerie Punchinello will display a selection of classical art from Asia and some tribal art from Nepal, South Asia and Indonesia.
Italica will feature several examples of 18th century Chinese furniture decorated with black lacquer mixed with crushed mother-of-pearl inlay.
Susan Ollemans has Indian jades and jewellery, including an 18th century jade morchal (fly whisk) inset with diamonds and rubies, the jade handle carved as a makara head.
Jeremy Knowles will be taking a wide selection of Indian material, including sculptures, miniatures and Company school pictures.
Renzo Freschi will be offering is a 10th or 11th century stone Umamaheshvara from Rajasthan.
Bruno Piazza of PHI Gallery will be exhibiting an extensive collection of gold rings, bracelets, earrings, necklaces, pectorals and other ornament from the cultures of Java, Sumatra, Bali, Eastern Indonesia and Burma, dating from the 2nd to the 14th century.
Studio Arga will be bringing a selection of recently acquired Tibetan thangkas and book covers, as well as a group of Gandharan sculptures and friezes. Especially worthy of note is a 1st or 2nd century Kushan carved stone panel that formed part of an outdoor stage of a city theatre. It represents a scene of the lovers Charudatta and Vasantasena from the ‘Mricchakatika’ (‘The Little Clay Cart’), written by King Shudraka.
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Scene from the ‘Mricchakatika’
Kushan period,
1st/2nd century
Sikri sandstone
Height 70 cm, width 54 cm
Studio Arga
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Espace4 will be bringing a variety of objects from China, Tibet and Japan, and will also have a special display of items based on the theme ‘vice and death’. This will include works such as Chinese and Japanese erotic prints and paintings, arms and netsuke.
Carlo Cristi will be offering more than fifty works from India, Nepal, Tibet and Southeast Asia, as well as a group of textiles from Central Asia. Of particular interest are an important painting of Vajrapani, a group of 12th century illuminations from Kashmir and a Pala period stone Manjushri. Among the textiles, some 7th century samit examples featuring winged horses, antelopes and birds reveal cross-cultural influence.
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Detail of a figure of Manjushri
India, Pala period, 11th century
Stone
Height 61 cm
Carlo Cristi
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Wei Asian Arts’s show will include Chinese Buddhist sculpture in different stones. A highlight is a Sui period standing Buddha in limestone from Hebei province.
The Alexis Renard will be showing a selection of works from the Indian and Islamic worlds, such as a 16th century Damascus tile with chintamani design and a group of mediaeval Indian sculptures from a private collection.
Among Marcel Nies’s exhibits will be a group of bronzes and figural works. Especially noteworthy are a Cambodian 7th century sandstone Khmer Devi from Sambor Prei Kuk, two large granite 12th century and Chola-style sculptures of Vishnu and Lakshmi from Tamil Nadu. The most important work in the show, however, is a large bronze image of the Khmer king Jayavarman VII, circa 1200.
Olympia International Art & Antiques Fair, London
This year’s fair, which runs from 5 to 15 June, features some 250 dealers, including a number of Asian art specialists. Although the works will still be mainly antique, some modern and contemporary art will also be on offer.
Jacqueline Simcox will mainly be exhibiting Ming and early Qing period Chinese textiles but she will also display some works of art, including a late 18th century Mongolian vase set with turquoise, amber and coral, a 16th/17th century piece of Tibetan lamellar armour in leather decorated with red and gold flowers, and a large 17th century painted and gilded wood sculpture of a Tibetan abbot seated in a horseshoe-shaped chair.
Vanderven & Vanderven Oriental Art will be present a selection of Chinese porcelain for the European market, as well as Han and Tang pottery and some Chinese and Japanese works of art. Two large blue-and-white covered cisterns decorated with ‘the archer’ design after Cornelis Pronk, one of them fitted with the original pewter tap, are a highlight.
As well as objects and textiles from the Middle East, Millner Manolatos will be bringing a group of Indian stone sculptures of Hindu and Buddhist deities from a Swiss private collection, ranging from the 1st to the 12th century. Their pièce de résistance is a blue-and-white Persian charger from the Safavid period, which reveals a fusion of Chinese Kraak border designs and more Turkish and Persian motifs at the centre.
Grosvenor House Art & Antiques Fair, London
This year’s fair takes place from 12 to 18 June. There will also be a gala evening on 12 June, the proceeds of which will go to the International Fundraising Committee of the British Red Cross, which celebrates the centenary of its Royal Charter this year.
Five Asian art dealers will be participating. Of particular interest on Susan Ollemans’s stand will be an 18th century sapphire torque with gulabi mina (pink enamel) from Benares.
Gregg Baker, one of the few specialists in Japanese screens based in Europe, feels that clients interested in this material must inevitably pay him a visit.
S. Marchant & Son will be showing pieces from their Recent Acquisitions catalogue, a highlight being a Qianlong large pentagonal cloisonné basin decorated with five white cranes from the collection of Juan Jose Amezaga, purchased by him in 1984 in Monaco. Included also will be examples of the Qing imperial porcelains for which the gallery is renowned, such as a large Kangxi yellow-glazed bowl formerly in the collection of Edward T. Hall, as well as a range of famille-verte and blue-and-white. A few fine jades will also be on view.
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Basin
China, Qianlong period (1736-95)
Cloisonné
Diameter 65.3 cm
S. Marchant & Son
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Copyright and ‘Copywrong’ for Artists
by David Llewelyn, practising lawyer who is Professor of Intellectual Property Law at King’s College London and Chairman of Ipr-X (Asia Pacific) Pte Ltd, an IPR strategy and investment company based in Singapore. He can be contacted at dllewelyn@ipr-x.com.sg.
Artists the world over demand it; artists the world over don’t understand it....
What is it?
Copyright.
Along with patents and trademarks, copyright is one of the three main intellectual property rights (IPRs). It is all-pervasive in today’s creative (and digital) world; everybody and every business owns copyright, although most don’t realize it.
To take the law in the United Kingdom as an example, protection is given to artistic works: to graphic creations, photographs, sculptures (even the Frisbee was protected in this category) and collages all irrespective of artistic quality; to works of architecture, including models of buildings; and to works of artistic craftsmanship (a Philippe Starck washbasin, for instance). If your work doesn’t fall within those categories, you don’t have copyright: Martin Creed’s controversial Turner Prize-winning 2001 Work No. 227: The lights going on and off, where the artist used the Tate Gallery’s existing light fittings, would not be protected by copyright, and neither would much performance art or piles of bricks. But a painting featuring bricks (or perhaps they are cobblestones), like works from the Tiananmen series by Zhang Xiaogang, would.
From the quick sketch of a bald man by a young student sitting in the back of a classroom and dreaming of being a future Fang Lijun to Microsoft’s Vista 2007 computer program, ‘works’ recorded in some permanent way are protected by copyright for the life of the author and thereafter for at least 50 years (70 years in the case of the US, the UK and the European Union), without a need to register them or other formalities.
That’s the easy bit. Now come the ‘buts’.
•But: copyright doesn’t protect ideas, only the way they are expressed. (Some very learned people object to this summary as not being completely accurate; but when has any statement in this hugely complicated area been 100 per cent true, except ‘it’s impossible to generalize’?) Just as Fang Lijun has no monopoly over baldness in art, merely because Yue Minjun is well known for featuring laughing people in his works does not mean he can stop another artist who adopts the same theme or idea. However, if that artist copies a substantial part of a particular painting by Yue featuring jocular men - say the Portrait of the Artist and His Friends, which sold in May 2007 at a Christie’s, Hong Kong sale for HK$20.48 million - it is likely to be copyright infringement. Moving your unmade bed into your art gallery doesn’t infringe Tracey Emin’s rights, although if you suggest, falsely, that it’s her messy bed, then you may be liable for passing off or unfair competition (depending on the country you are in), another area of IP law. Similarly, there is nothing wrong legally with mimicking the distinctive style of Zhang Xiaogang, again as long as you don’t suggest that your haunting face with its bloodline is a work by him.
•But: copyright is what it says it is - a right to stop unauthorized copying of a whole or a substantial part of a work such as a painting or sculpture. It is not a monopoly right like a patent, which can be infringed unknowingly. Two people can own separate copyrights in a practically identical drawing of a view of the Great Wall or Hong Kong harbour; in fact, they may have sat next to each other when drawing it. Neither can stop the other exploiting their copyright as long as the later work was not copied from the earlier.
•But: remember that most artwork borrows from or is inspired by others (another word is ‘steals’ if you want to be emotive, as too many do in this field). Some artists admit the inspiration - the title Le Dejeuner Sur L’herbe is Yue Minjun’s nod of acknowledgement to Edouard Manet’s painting of the same name (who himself took inspiration from Giorgione’s Concert Champêtre and based his composition on an engraving by Marcantonio, which in turn was based on Raphael’s The Judgement of Paris; and so it goes on). Others don’t like to acknowledge their sources, perhaps feeling it diminishes their artistic integrity in some way. If they are worried about copyright, however, they often don’t need to be: it’s worth repeating that, for there to be copyright infringement, there must be a taking of a substantial part of another’s work, and that doesn’t mean the idea or the style.
•But: guarding your alleged rights too zealously may leave egg on your face if the fact that you borrowed from an earlier work is pointed out by the hapless victim of your righteous indignation. All too frequently ‘copying’ is in the eye of the beholder, and a bit of restraint, of stepping back, is advisable before firing off threatening letters. After all, just because you have oversized dancing figures in your painting doesn’t mean that Beryl Cook or Pan Dehai has infringed your copyright: they may have done it first or they may never have heard of you or even seen your work (so no chance of ‘copying’). Just because you’re threatened with a copyright infringement suit does not mean you have infringed copyright. In this area, as in many other legal fields, there is much unjustified sabre-rattling to see who blinks first.
•But: international copyright conventions mean that your local US, British or Chinese copyright (depending on where you are when your work is created) is also automatically protected by a bundle of other national rights all around the world, all of which last for the author’s life plus at least another 50 years. It’s protected but nobody is going to enforce it for you; that’s up to you.
•But: if you’re an employee when you create the artistic work, if it’s within your job scope and you do it in company time, copyright will probably belong to your employer. The flipside: if you’re engaging someone to create a work for you, say to do a painting for your office, and you’re paying, you need to make sure that you get a written transfer of the copyright if you want it: otherwise it stays with the artist, and you don’t want to have to track them down later when a postcard company wants to feature ‘your’ painting.
•But: with the exception of J. M. Barrie’s Peter Pan in Britain - which was given perpetual copyright in the UK to benefit the Great Ormond Street Hospital for Sick Children - the copyright in works does expire, normally 50 or 70 years after the author’s death. It’s nonsense to say (as did some commentators in a 2007 midsummer media frenzy which smacked of anti-Chinese hysteria) that the reproduction terracotta warriors found in Hamburg’s Museum of Ethnology could be copyright infringements. True, there may have been fraud or a breach of contract, but copyright does not last 2,200 years.
•But: as long as it does last, that protection (like other IPRs) is national in its scope; there is no such thing as a global copyright. If your US, British or Chinese copyright work is being copied without your permission in the US, in Britain or in China, you must sue there or in all those places if it is being copied in them all. And that’s not cheap.
•But: copyright protection in Germany, France, Italy or any other country with a so-called civil law system (as opposed to the Anglo-American model practised in England and the US) focuses on the cultural aspects of copyright. It gives to the creator additional so-called ‘moral rights’ - to stop treatment of the work of which the creator doesn’t approve, to require that the work is correctly attributed to the creator and even to require payment when later sales are made of a work long ago sold by the artist (the droit de suite, so hated by the London auction houses, which argue its introduction would drive business away to New York, where it is anathema). Again though, nobody is going to enforce your moral rights for you. It’s your choice whether you take the view that all is fair in love, war and art, that imitation is the sincerest form of flattery, or you pay a lawyer your hard-earned money to protect your intellectual property.
•But: in countries following the Anglo-American legal tradition, like Hong Kong, copyright is a purely economic matter and follows the money. It can protect the banal (the railway timetable, the drawing of a finger on a ballot paper, the football pools coupon) to the sublime (the Stanley Spencer painting, the John Steinbeck novel or Samuel Beckett’s Waiting for Godot). On ownership, the contract rules; waiving ‘moral rights’ where they exist, in the UK but not in the US, is a question of money and of contract; the artist who refuses may lose the commission. Moral rights, such as the right to object to derogatory treatment, were introduced into UK law by the 1988 Copyright, Designs and Patents Act.
•But: you do have to register the copyright in the US (but almost nowhere else in the world) if you want to sue there and get the maximum damages and, very importantly, your attorney’s costs. Two further notes of caution vis-à-vis that country: first, the law there gets far closer than anywhere else in the world to one of ‘if it’s worth copying it’s worth protecting’ and, secondly, litigating is a national sport.
•But: anywhere in the world copyright is a very powerful tool, and becoming more so as the digital world spreads. Despite the attendant problem that technology makes copying so easy, copyright in the bits and bytes of the digital world provides owners of content with the means to charge for access to many resources that were previously free. It even gives them the right to stop those selling ‘electronic secateurs’ designed to cut through the technological fences such as encryption surrounding online copyright material. The 1998 Digital Millennium Copyright Act in the US gave these and yet more far-reaching rights to copyright owners. (It is, however, fair to say that American courts have struggled with its interpretation since the law was passed hastily at the urging of powerful lobbyists.)
So, all in all, although it is by no means straightforward, copyright is of increasing significance in many areas. Art is one of them.
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