Saturday, January 30, 2010

Thursday, January 28, 2010


Soft win for Buchel on Appeal -

1. VARA's protection of an artist's moral rights extends to unfinished creations that are "works of art" within the meaning of the Copyright Act;

2. The right of integrity under VARA protects artists from distortions, mutilations or modifications of their works that are prejudicial to their reputation or honor, and prejudice must be shown for both injunctive relief and damages;

3. Büchel has adduced sufficient evidence to raise a genuine issue of material fact as to whether MASS MoCA violated his right of integrity on one of his three asserted bases for liability, namely, by modifying "Training Ground" over his objections in a manner that harmed his honor or reputation. His right-of-integrity claims based on the yellow tarpaulins and the mere display of "Training Ground" lack merit;

4. Büchel's right-of-attribution claim is moot, as VARA provides only injunctive relief to protect the right of attribution and the installation no longer exists;

5. The record reveals a genuine issue of material fact as to whether MASS MoCA violated Büchel's exclusive right under section 106(5) of the Copyright Act to display his work publicly;

6. Büchel fails to adequately develop his claim that MASS MoCA violated his exclusive right under section 106(2) to prepare derivative works based on "Training Ground," and that claim
is therefore waived.

We thus remand the case for further proceedings on Büchel’s remaining right-of-integrity claim under VARA and his public display claim under section 106 of the Copyright Act.

(the whole thing is sixty pages. i'll post interesting excerpts later...)

5/16/2007 - predicting the show will never open
5/22/2007 - expecting notoriety
5/29/2007 - report from tarp show
6/12/2007 - some views
6/18/2007 - Buchel exhibits legal documents in Switzerland
7/27/2007 - tools of the master
7/30/2007 - CLANCCO cranks it up
8/20/2007 - World's First Google image search sculpture
9/05/2007 - Robert Storr VS. Nancy Spector
9/19/2007 - announcement, links to NYTimes, Brooklyn Rail...
9/21/2007 - report from the motion hearing.. part 1
9/22/2007 - report from the motion hearing... part 2
9/24/2007 - on Roberta's piece, and more
9/25/2007 - 2nd correction to Roberta's NYTimes piece
12/09/2007 - Buchel's Miami coda, with Jenny Holzer piss-take
2/15/2008 - From: Michele Maccarone
3/2/2008 - spirit of sharing
3/4/2008 - Clark Anti-Forum, aka Balancing Act by Christoph Buchel
3/27/2008 - Pissed-off Douche L., at the Armory... this was one of my favorite pieces.
9/21/2008 - Marc LeBlanc essay, with photos.
6/14/2009 - Appeal process begins; read the briefs.
9/17/2009 - Guy Ben-Ner takes the piss.

Wednesday, January 27, 2010

spirit of sharing

don't take photos! (*wink*).

Tuesday, January 26, 2010


Robert Irwin
Letters, Artforum, Oct 1968
- Sirs: It seems it has become necessary to state that the photograph of my work on the cover of Artforum, May 1968, appeared without my knowledge or permission and against my personally expressed wishes. Robert Irwin, Los Angeles, Calif.

advertisement, Artforum, Dec 1970 - placed by an activist group including Poppy Johnson, Lucy Lippard, Faith Ringgold - the eggs are cause the group would place eggs (and tampons) throughout the Whitney, in addition to picketing, passing out flyers, blowing whistles, and projecting slides of work by women artists onto the exterior of the museum.

(i'm not trying to relate these two things... just thought they were both interesting)

Tuesday, January 19, 2010

Friday, January 15, 2010


Tuesday, January 12, 2010

a blog panel

there is a panel about artblogging, this friday at 6:30 p.m. i think you need to rsvp. hey panel... artloversnewyork (nancy smith) and tom moody.... CLASSICS! two of the best. right now i am also liking 16 miles of string and henri.

Monday, January 11, 2010

twitter conversation

William Powhida & Friends twitter.

Artmarket: Los Angeles MOCA set to shake up art world by naming commercial gallery owner Jeffrey Deitch as new Director http://bit.ly/6HoCR3 from TweetDeck

William Powhida: NY Mag on Deitch as possible director http://bit.ly/6HoCR3 Can add MoCA to the list of museums I will never show in. from TweetDeck

Art Bystander: @powhida Is deitch becoming director of moca equivalent to cheney being vp?

WP: Maybe I should see if Jeffery is looking for a new director while he gets to work for Eli Broad...er I mean MoCA from TweetDeck

C-Monster: There's gonna be lotsa panties in knots: MOCA allegedly set to name gallery owner Deitch its chief http://bit.ly/6HoCR3 via @theartmarket from web

Tyler Green: @cmonstah Jerry's mostly re-typing what the LAT had a while back.... from TweetDeck in reply to cmonstah

TG: I'm guessing that the LAT is one of Jerry Saltz's "multiple art world sources." http://bit.ly/6u5GiC from TweetDeck

TG: LAT yesterday: http://bit.ly/4Xy1YO; Jerry Saltz today: http://bit.ly/6u5GiC. I'm sure Jerry meant to credit them, right? from TweetDeck

TG: @cmonstah Re: Jerry's professionalism, oops, he did it again. from TweetDeck in reply to cmonstah

C-Mon: @TylerGreenDC i'm just getting around to this story. i've been trying to avoid it.
from web in reply to TylerGreenDC

Olympia Lambert: @Powhida Dunno about that. I think curatorial decisions are based by Deitch much more on conflict, and I wouldn't be surprised 4 an invite from web in reply to Powhida

WP: @olympialambert that'd be the easiest way to absorb my critique back into the market. Institutionalize it. #complicity from TweetDeck in reply to olympialambert

TG: How unprofessional is LAT-thief Jerry Saltz's Deitch post? Even Lee Rosenbaum is calling him out. Ouch. from UberTwitter

(Lee Rosenbaum's blog post)

Mark Barry: Retweeting @olympialambert: @hragv Ha!! Can we include some nekkid Polaroids and cum-filled NY Posts? so the gallery closes? from Seesmic

WP: @Markart I can't imagine the gallery would close. He has eight directors... from TweetDeck in reply to Markart

MB: Retweeting @Powhida: @Markart I can't imagine the gallery would close. He has eight directors... can he legally have ownership? from Seesmic

WP: @Markart I don't know about the legal/ethical implications; but as the NuMu has demonstrated - it doesn't matter from TweetDeck in reply to Markart

WP: @hragv my twitter feed is quickly becoming a constant source of inspiration. from TweetDeck in reply to hragv

WP: I wonder about Deitch's relationship with Eli Broad ie, major source of MoCA's 3.5 million fundraising effort from TweetDeck

WP: I think we have seen the end of the critical period of post-modernism. Commercialism is an aesthetic. from TweetDeck

Tim McCOOL: Commercialism was like a founding principle of pop art tho, should be used to it by now RT @hragv RT @Powhida Commercialism is an aesthetic. from Brizzly

WP: @tmccool Pop Art had a critical element; how it reduced subjects to a series of signs of celebrity; acceptance is different from recognition from TweetDeck in reply to tmccool

WP: @tmccool I'm talking about the celebratory nature of this new mercantalism, as one collector I know calls it. from TweetDeck in reply to tmccool

Art Fag City: @Powhida how can commercialism be an aesthetic? from Tweetie in reply to Powhida

WP: @artfagcity It's not a visual or stylistic thing; perhaps a philosophy of luxury or a lack of internal criticality from TweetDeck in reply to artfagcity

Avierkant: @Powhida Post-modernism always went hand in hand with both critique and commercialism. Maybe a period of int. lethargy but nothing's over from TweetDeck in reply to Powhida

WP: @avierkant I agree that nothing ends; but it changes you'd agree? Lethargy is apt from TweetDeck in reply to avierkant

WP: @artfagcity I'm also probably being very reductionist in the face of MoCA's decision; it's a feeling and an affective response from TweetDeck in reply to artfagcity

WP: @artfagcity and maybe it's when the brand becomes the art itself from TweetDeck in reply to artfagcity

Nic Rad: @Powhida 'Lack of internal criticality' is a mind fucking phrase. It actually stings to think about it. from TweetDeck in reply to Powhida

WP: @NicRad sorry. "internal criticality" was always the bridge between Modernism and post-modernism for me; formally and conceptually from TweetDeck in reply to NicRad

AB: @hragv @powhida I think the responsibility should be on the artists as well, to redefine what art means and how we acquire and show it #punk from TinyTwitter

WP: @artbystander it's probably the most central aspect of my art; how we acquire and value it. I'm not doing enough #redifinition from TweetDeck in reply to artbystander

WP: There is a potential discussion shaping up right right here for #class. This is how twitter fits into the concept. from TweetDeck

WP: @avierkant only if you participate, re: flattening. Career wise, I should be restricting access to protect myself. Not interested. from TweetDeck in reply to avierkant

NR: @Powhida I think I'm in love with the idea of something tht lacks internal criticality. It sounds blissful. Wld you call that commercial? from TweetDeck in reply to Powhida

WP: @NicRad Yes, I think we're talking about commercialism not as subject or influence, but a methodology that isn't interested in criticism from TweetDeck in reply to NicRad

SMIZZ: deitch projects icecream branding aesthetic is like a capitalist spin on the relational aesthetics -i bet bourriaud is so proud!? from web

NR: @Powhida I'm thinking of Flower Puppy, Warhol's Flowers, Barry Mcgee, Ed Hardy, Shepard Fairy--Kinkade? wondering what the archetype is. from TweetDeck in reply to Powhida

WP: @NicRad Whatever it is, you're able to see something positive in it. I see it rather darkly. from TweetDeck in reply to NicRad

NR: @Powhida in the trite 'eternal sunshine on the spotless mind' vein. I'm wndring if it's possible for anyone to create w/o criticality. from TweetDeck in reply to Powhida

WP: @NicRad Sure, it's called mannerism or period art where convention trumps criticality. from TweetDeck in reply to NicRad

NR: Ism's aside - I think we can all agree that everyone's looking forward to James Franco's MOCA retrospective #spidermanism #deitch from TweetDeck

WP: @NicRad Franco, the founder of the celebritist movement championed by Jeffery Deitch from TweetDeck in reply to NicRad

AB: RT @gawker Art, Schooled: Rumormongering with Jeffrey Deitch, Gamechanger http://gawker.com/5444941/ #artschooled #jeffreydeitch from TinyTwitter

WP: @artbystander I think gawker has mistakenly elevated Deitch over the Godfather, Larry Gagosian. from TweetDeck in reply to artbystander

WP: @artbystander "erasing the line between commercial and academic art" Gawker nailed that one. from TweetDeck in reply to artbystander

AB: @Powhida maybe an artist who typically sells for upwards of 100k should fuck everything up by selling originals for 99cents. from TinyTwitter

WP: @artbystander Glad I preempted Gawker by criticizing Deitch before the MoCA appointment. from TweetDeck in reply to artbystander

AFC: Gawker's @kelseykeith summarizes MOCA rumor mill mongering over Deitch's possible appointment as head. I'm quoted http://bit.ly/6jwd8b from TweetDeck

WP: @artfagcity and we hitch our 'star' to Jeffery Deitch. Let the rumble begin from TweetDeck in reply to artfagcity

WP: @hragv MoCA just took over the conversation. You were right about the New Museum leading it until now. from TweetDeck in reply to hragv

TG: @Powhida @hragv They are the same conversation: Commercialism invades the museum/non-profit sphere. from TweetDeck in reply to Powhida

WP: @TylerGreenDC Same conversation, but MoCA and Deitch have the spotlight now. This is going to be the conversation... from TweetDeck in reply to TylerGreenDC

LFung: Wow. Even Gawker is weighing in on the Jeffrey Deitch-MOCA discussion. http://bit.ly/8kxrRD #art from TweetDeck

TG: What is it about the Deitch-to-MOCA possibility that brings out the batshit-nuttiest opining?! from TweetDeck

TG: @lfung And unlike Mr. Saltz, Gawker credited your story! :-P from TweetDeck in reply to lfung

Hrag Vartanian: Never thought I'd see the day Jerry Saltz & Gawker were in competition for "worst article on an art world controversy" category. from Tweetie


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Thursday, January 07, 2010


George Herold
George Herold, German Speaking Peaks (Furgler), 1985.

...from a show at Luhring Augustine I wish I'd spent more time at.

Wednesday, January 06, 2010


Figurative, by Dan Graham.

i can't bid anymore... there is still an hour left.