| WHY
THE EXHIBIT WAS CANCELED |
| This booklet of e-mailed correspondence presents
the account of how and why an artist canceled a one-person show at an American
not-for-profit exhibition space.
The artist's work was first seen by the exhibition space’s curator after it was shown to the curator by a friend of the artist. The curator determined that the artist should have a solo show, the two people contacted each other, and the artist and curator began to negotiate the details. There were only three months to prepare the exhibit, but the artist was encouraged by the curator's interest, and was willing to move quickly to make the exhibition a reality. The artist was able to visit the city of the exhibition space one month before the proposed exhibit was to open. The artist had already sent the curator images, thorough written descriptions, and a clear and detailed proposal of the work that would be shown. These materials were sent two months in advance of the trip, and three months in advance of the show. The purpose of the first visit to the city was to mount another exhibition at a different space - a show featuring a collaborative project the artist works on with another artist. The day before the first show opened, the artist and curator
met, arranged a number of technical details, and discussed the budget.
The curator came to the opening reception the following day and was polite
and cordial. Before the artist left the city however, he/she learned through
others that the curator was offended by some sexually explicit content in
the current exhibit, and was very concerned about the upcoming show at the
exhibition space. This concerned the artist because he/she had been extremely
clear about what was being planned for the upcoming exhibit two months before.
The artist also made it clear that When the artist was in town the curator only wanted to discuss the budget and other business details. The curator did not challenge or question the artist's ideas, only the artist's ability to do the necessary work in the allotted amount of time, and within the proposed budget. The curator did not contact the artist again before he/she left town. But once home, the artist received a disturbing e-mail, and this message initiated the series of e-mails that led the artist to cancel the exhibit. The following correspondence is presented with the names, genders, and places of those involved removed. This correspondence is reprinted as an example of how artists can attempt to educate or challenge curators and exhibition organizers that prove to be insensitive to the issues that are central to the invited artist's work, or simply incompetent in their job-related responsibilities. This correspondence also shows how artists can respond to the threat of censorship, and unreasonable demands that attempt to exempt the institution from all liabilities. This correspondence also reveals the frightening mentality that is sometimes at work in not-for-profit exhibition spaces that are deeply concerned about their public and private funding. This correspondence shows how the fear of losing funding or one's job can affect what kind or art these exhibition spaces present, and how they may attempt to modify a previously scheduled exhibit in order to avoid controversy or a perceived threat to their image and status. This correspondence will also hopefully encourage artists to try to anticipate and resolve unexpected problems with institutions before preparing to mount exhibits, in order to avoid making unreasonable concessions and compromises that might be requested at the last minute. It is true that some cities, states, and exhibition spaces
are more conservative than others, and what might generate great controversy
in one city, would just as easily be ignored in another. But artists' work
and ideas must be able to permeate all places if they are to have a forceful
impact on our culture. Uncompromising art needs to reach all people - not
only those that live in cities that have already nurtured a greater tolerance
and acceptance of thinking that may be unpopular. In cities where tolerance
is particularly low, it is critical that exhibition organizers, curators,
and artists work together to foster an atmosphere where ideas can be exchanged
and dialogue can take place. This of course involves taking some risks. But
when individuals work together to develop a more thorough understanding of
each other's ideas and motivations, and when artists and curators make the
greatest ------------------------------------------------------------------------------------------------------------------------------------------------------- Hi [Artist]: It certainly was a pleasure chatting with you on Friday. Regarding the proposed exhibit of your works at the [Exhibition Space], we require the following: · No images that associate
children with sexual subjects of any kind. Sincerely [Curator] ------------------------------------------------------------------------------------------------------------------------------------------------------- Hi [Curator] I know that you had some strong concerns about the content
of the work at [The Other Exhibition Space] so I do want to stress again
that the overall character of the work I wish to present at the [Curator's
Exhibition Space] is quite different from the work that I do with [A Collaborating
Artist] in our [Title] project. With regard to your requirement that there
be "No images that associate children with sexual subjects of any kind"
- for the purposes of this exhibit it is fine and it will not prevent me from
including anything that I wished to present with regard to the photo files
or comparisons. Though I haven't looked them over again for this type of
content, I don't think this affects any of the five small photocopied picture
booklets that I have already made The second requirement "All logos that appear must be accompanied by a written copyright authorization" is highly problematic. This requirement most obviously prohibits me from showing anything from any of the 5 photocopied picture books that I have already made, or from making a 6th booklet to distribute in [the City of the Proposed Exhibit]. I have already distributed about 8,000 of those picture books in [Four Major Cities in the United States and Europe] and numerous other cities, and never once have I had the slightest problem. I have not received a single legal letter, remark, threat, or notice of concern. I believe that everything I am doing in those booklets should be covered quite fully under copyright laws regarding "Fair Use." I have always given those booklets away for free to make it 100% clear that I am in no way profiting from the use of someone's logo. Almost all copyright concerns and lawsuits revolve around the issue that someone is unfairly profiting financially from another person's work. This is obviously not the case with anything that I intend to exhibit - both because of my refusal to sell these objects, and the fact that in the presentation of my work, you will not be functioning as a commercial gallery. There are many far more flagrant, widespread, and provocative uses of copywritten material in contemporary art and culture that have been successfully defended in cases involving fair use laws where artists HAVE profited from the use of copywritten material. I should also note that almost every single photo that would
be used in every other part of this exhibit probably holds some kind of valid
copyright. But again this is not a commercial exhibit and no one is profiting
in any way from someone else's work. Recently the [American City]-based journal
[Title] reproduced 3 of my comparison works in their publication. They knew
that I had not secured permission to work with these images, but felt their
reproduction was safely covered under "Fair Use" laws. They are a highly
regarded publication and a non-profit organization that receives extensive
public funding, and they have made The most that would probably ever happen if there was a problem
is that a lawyer representing the person/organization that the image or logo
belonged to, would serve a "cease and desist" notice that could possibly
force us to remove the image or work in question. Even then this could be
contested and removal might not even be necessary - particularly given that
the show is only four weeks long. But again, this hasn't happened to me yet,
and I have distributed this type of material far more extensively already
than would be possible through this one exhibit in [City of Exhibit]. To
receive written copyright authorization for To me the choice of working through my ideas freely as an artist, or begging corporations for permission that I would probably never need and would certainly never get, is an obvious one: I have to continue working. I am hardly alone in this decision. Some of the greatest icons of modern art employ the use of corporate logos without written authorization. Thousands of artists make the same decision every day and thousands of cultural institutions and individuals back this work with full knowledge that the artist has not secured written authorization to use the copywritten logos or images that appear in their work. Assuming that we can move forward from here, here are some of the details that you asked for: [Additional details requested by the Curator]. Please let me know what else I can do on my end. I'd be happy to work on a text for a press release or look over anything you may have written. I would like to see what you plan to send out and give you input on that if necessary, just to make certain that my ideas are being represented accurately. Sincerely, ------------------------------------------------------------------------------------------------------------------------------------------------------- Hi [Artist]: Thank you for your prompt response to my e-mail. Regarding the first of our requests, I sincerely want to express my appreciation for your understanding of the circumstances. We usually do not solicit changes in content of artist's works, however due to the subject matter and the proximity of several religious institutions to the gallery, we determined that discretion would be the better part of valor. Thank you again. Concerning our trepidation with the possibility of copyright infringement, we understand your argument, that you believe your works fall under "fair use." We further agree that since you are not marketing these works and have no plans to profit from the exposition, copyright restrictions would not be an issue. Nevertheless, due to our institution's position as a diplomatic mission and cultural center, we must be careful not violate any of the local laws or customs. In fact, we prefer to err on the side of cautiousness, when dealing with such issues as copyright. We therefore would like to request a letter from you assuming all legal liability for any infringements that may occur. Sincerely ------------------------------------------------------------------------------------------------------------------------------------------------------- Dear [Curator], My concerns about mounting this exhibit are becoming greater with every message I receive. Firstly I cannot give you a letter assuming all legal liability for any copyright infringements that may occur in my work. That seems to suggest that I am actually admitting guilt which I would be foolish to do. What I can give you is a letter stating that all inquiries regarding the use of copywritten images or logos, must be directed to me, and that the [Exhibition Space] is not responsible for handling these issues or inquiries in any way. I think I can write a letter that satisfies what you need, but not in a way that practically admits guilt when I don't believe I am guilty of any wrongdoing. I will write this letter and email it to you soon. If we can agree on what I wrote, then I will print the letter out, sign and date it, and then mail it to you. Also please understand that the comparison work that I sent you yesterday contains two images (one from an old medical book and one, I believe from [Popular American Magazine]) that are probably still copywritten - just like almost any other image taken from a book or magazine. So if you reproduce these in the mailer, your organization is using these images without written permission. Again, this type of thing has been done a million times by a million institutions without incident. [Title of Journal] printed this same comparison when their journal featured my work, without any type of disclaimer. If you are going to reprint this comparison, or any other ones in your mailing materials, then you are partially complicit in using images that are copywritten. I emphatically believe that you could not find a smaller risk to take. There are situations where I expect you, as the exhibit organizer, to be willing to accept minor responsibilities on my behalf. This is one of those situations. If I may back-track a bit regarding your thoughts about discretion,
I still have concerns about this as well. In the particular [Project Title]
works that I suspect you found problematic, there were some sheets where two
images were directly compared, and an image that depicted sexual scenes involving
adults was directly paired with another image of one or more children making
a similar gesture. In these works, one might say that sexual content composed
50% of the subject if one image came from pornography and the other image
did not. In going over the older image comparison works that I'd like to
include in the exhibit Let me give you an example of how your requirement concerns me: Right now I have on my wall a collection of 23 photographs
of people that are seated or sitting in chairs. This includes a very wide
range of images. There is a [Famous Modern Artist's] painting, a [Another
Famous Artist's Painting], two Egyptian sculptures, a handicapped person
in a very complicated motorized wheelchair, several people seated in meditation
or prayer, a [Famous Artist's] painting of a crudely rendered man on a bicycle,
a woman in a luxury car, a young girl in a more traditional kind of wheelchair,
a [Famous Artist's] painting, a [Famous Modern Artist's] painting of a woman
sitting in a highly abstracted Now when one looks at this group of images, I think it will
be obvious that it is a collection that explores body positions, ways of
sitting, cultural ideas about different types of sitting etc. However, I
do feel it is necessary to include the image of the child in a certain kind
of wheelchair, and I do feel it is necessary to include the image of the
woman straddling a chair from pornography. The theme is not the association
of children with sexual subjects (as one might feel with certain [Project
Title] pages that employ only two pictures). The subject is obviously people
that are seated. Now I know that you cannot see this collection of images
before you as I can, but from what I am describing, does this type of image
association present a problem? In my view it is very different from your requirement
as I understand it, but I want to be sure. If what I have described in this
body of images is a Finally I have some general concerns that I really need to
hear you address more than anything else. I am very concerned about whether
you understand the basic ideas that form the basis for my work. You have
said almost nothing about how you feel about what I do, or even what you
understand my work to be about. Your most recent responses indicate only
concerns about your own liability, with no personal feelings for my art in
general. Should a problem arise with the public when I am not there, I want
to know that you understand and value what I do. If a viewer is ever confused
or upset, you, or [Staff Member] at the front desk, are If there is anything I can clarify, no matter how long it
takes, I will be happy to do it. I am preparing to do an enormous amount
of work toward this exhibit and I want to know that someone is going to care
about this show when I fly back to [Artist's City of Residence] and it rests
in your hands for four weeks. I want to know that you will present this show
to the public and the press just as you would any other show. I want assurance
that you are not going to avoid promoting this exhibit because you are concerned
about the content, your reputation, or your [Exhibition Space's] funding.
I not only make art but curate exhibits As an artist, I want my ideas and intentions to be understood.
I am not interested in my work existing as a blurry romantic mystery. So
please be very open with me if there are things you do not understand or
wish for me to elaborate on. I think very hard about what I do and I will
happily explain and justify why I make the choices that I make. I have all
the time in the world to talk about these things because it is of extreme
importance to me and I really do enjoy it. But right now, putting aside for
a moment all of these business details that we have been debating, I need
to understand how you feel about this artwork as a Sincerely, ------------------------------------------------------------------------------------------------------------------------------------------------------- No Reply from Curator ------------------------------------------------------------------------------------------------------------------------------------------------------- [Curator], Though I still have not heard from you by phone or e-mail
since my last message two days ago, I have decided to send this to you now
in order to put a frustrating and upsetting situation behind me. After much
consideration, I have made a decision that was difficult but necessary. I
would like to cancel my exhibition at the [Exhibition Space]. I hope that
I have given you enough notice to avoid any further expenses on your end,
as I have no desire to put any more money or energy into this on my own.
I will attempt to present some of this work in [the Same City as the Exhibition
Space] at a different venue at a later point in time, One of the most frightening forms of censorship is not when someone tells you that something can't be exhibited or distributed. When this happens there is still a possibility that the work might be presented elsewhere under better circumstances. The worst form of censorship is when an artist censors him or herself because they fear the consequences of making work that they feel might be challenged, altered, or removed from circulation after its completion. When artists are forced to work under circumstances where they do not feel that their work will be honored, supported, or defended, or when they are made to feel as though they must be unnecessarily cautious, self-censorship can easily result. Never in my life have I felt pressured to use such ridiculous discretion about what I make or exhibit as I have in the preparation of this show. At first I felt that your request to exhibit discretion might
not affect what I chose to include in the exhibit. It is quite possible that
your requirements would not affect the content of the exhibit at all. That
is not the point. My point is that most of what I planned to exhibit involves
making an installation using photos that have not yet been selected or arranged,
and I will not work under the constraints that you are imposing. I do not
believe you are sensitive toward or supportive of my work. I also feel that
you are extremely naive about an enormous range of contemporary art practices
and schools of thought. If I believed that you were approaching my work from
a position of critical and intellectual understanding and authority, I might
be more open to your suggestions or concerns. Instead, I feel that you are
not personally prepared to take the risks, even small risks, that are necessary
if you wish to promote vital contemporary art in our current political climate.
I do not feel like I am in good hands with you. I In my view, the job of a curator or exhibit organizer is
not to stand back and passively watch while the invited artist puts his or
her ass on the line for your exhibition space. Your job is to help create
and maintain a climate where ideas can be freely expressed and where thoughts
can be freely exchanged. This means taking risks and developing the skills
or courage to support work that might be unpopular with your financial backers.
You have demonstrated that the threat of losing funding for the [Exhibition
Space] is so strong that you will encourage an artist to change their work
in order to suit your own needs. You have I first sent you an exhibition proposal back on February
27th. I articulated much of what I was interested in doing for the show.
I In closing, I just want to express my deep disappointment in your abilities as an exhibition organizer and critical thinker. I have high regard for your director [Director's Name]. [Director's Name] has a sharp mind and the courage and conviction to promote important and challenging cultural events. All that you seem to possess is the desire to keep a room booked with something to look at in June - a particularly important month for contemporary art in [City of Exhibition Space]. Perhaps you also have the ability to produce an exhibit on a limited budget. I have always told you that I could mount this exhibit with minimal funding, but I cannot mount this exhibit under your direction. I wish that this show had been [The Director's] responsibility and not your own. At least then, if the exhibit could not have been realized, I would have known that the cultural climate of [The City of the Exhibition Space] was truly too fragile to present this show at your space. Instead I am left to conclude you are naive and gutless. I would rather eliminate an exhibition opportunity for myself, than allow you to receive any kind of credit for organizing an exhibit of my work, which you don't seem to appreciate or even understand. I hope that when you decide to invite artists to exhibit in the future, you will do much more to educate yourself about the artist's ideas before concluding that you are personally equipped to promote them. Sincerely, ------------------------------------------------------------------------------------------------------------------------------------------------------- [Artist]: Thank you for your latest e-mail canceling the proposed exhibition of your works. I must say that I never expected to receive such an angry and spiteful letter, especially from an artist recommended by [Personal Friend of the Artist]. In your letter you take the opportunity to attack me personally and professionally, I hope this helps you deal with your anger and frustration. Regarding the risk of losing our funding you are correct.
The [Exhibition Space] is principally a diplomatic mission of the government
of [Another Country]. As such we are charged with the responsibility of promoting
and exhibiting works of [The Other Country's] artists in order to disseminate
[The Country’s] Culture. This is our primary mission. We program our expositions
a full year in advance and select our exhibits based on thirty years of experience
dealing with works from artists such [Artist], please understand that your personal attacks only reflect your immaturity as a person and artist. Perhaps in the future, when you mature and your work develops into something worthwhile you can find an institution that will exhibit your ideas. [Curator] ------------------------------------------------------------------------------------------------------------------------------------------------------- [Curator], I am certain that my great friend [Personal Friend of the Artist] would have never recommended my work to you, had he known that you would so totally lack any ability to understand or properly exhibit it. When you invite artists to exhibit and then prove that you don't stand behind the ideas that so obviously form the basis of their work, you should expect to be attacked. When you suggest that an artist should censor or compromise his or her work, does it really surprise you that they might get angry or frustrated? I do not wish to draw any comparisons between my art and the work of [The Three Previously Cited Dead Famous Artists]. There is no doubt in my mind however, that you would never have had the courage to exhibit these passionate, powerful, and uncompromising artists in their own lifetimes. The reason that artists like these achieve importance and stature, is because curators had the courage to stand behind their work early in their careers when the art that they were making was still quite shocking. Presenting their work decades after they died or became accepted, or after others have risked their asses to exhibit this work and prepare the public to understand it's importance, takes no courage at all. I have had no trouble at all lately finding institutions
that will exhibit my ideas. Canceling my exhibit at the [Proposed Exhibition
[Artist] ------------------------------------------------------------------------------------------------------------------------------------------------------- No Response from Curator. End of Correspondence. |