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11.4: Ethical Considerations in the Collecting and Display of Art

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    11.4.1 Collecting/Holding

    Art is part of the cultural heritage and identity of the society in which it is made. It shares characteristics with work made by other artists such as how figures of authority are depicted or what is considered appropriate subject matter in art. Because art is closely aligned with the history and values of the people in the society it comes from, individuals and governments alike take care to preserve and protect the cultural treasures in their possession. For the same reasons, invaders often loot and confiscate or destroy the works of art and architecture most cherished by those they have conquered to demoralize and subjugate them.

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    Representatives of the Nazi Party in Germany took art from its rightful owners, both museums and individuals, from 1933 until the end of World War II in 1945. When Adolf Hitler assumed the role of Chancellor of Germany in 1933, he began a campaign to sell or destroy art he did not approve of in the collections of German museums. Much of that art had been produced by artists who were part of twentieth-century art movements such as German Expressionism, Dadaism, Cubism, and Surrealism. Hitler objected to avant garde experimental and innovative art and to the artists who were part of those groups. By 1937, his agents had amassed nearly 16,000 works, 650 of which were included in the Degenerate Art Exhibition (Die Ausstellung Entartete Kunst) held in Munich that year and viewed by more than 2,000,000 people. Hitler condemned the degenerate art as contributing to, if not the cause of, the decay of German culture, and the artists as racially impure, mentally deficient, and morally bereft. Thousands of the works were then destroyed by fire, and thousands more were sold to collectors and museums worldwide.

    The funds generated by works sold were earmarked for the purchase of more traditionally acclaimed artists and subjects that were to go into the Führermuseum, or Leader’s Museum, in Linz, which Hitler intended to be the greatest collection of European art in the world but which was never built. Art for the Leader’s Museum was purchased from museums, private owners, and art dealers, often under pressure to sell the work at a steep discount to Hitler’s agents or risk arrest. And, the Nazis acquired art by confiscating it from institutions and private owners, many of whom were Jewish. The Nazis purchased and looted work in every country they occupied during World War II. They had amassed 8,500 works intended for the Führermuseum by the time Hitler committed suicide in 1945.

    They plundered tens of thousands more for the private collections of Hitler and a few of his top commanders, including Hermann Göring, who held approximately 2,000 works of art by the end of the war. Art and other cultural spoils of war (such as books) were stored in numerous locations throughout Germany and Austria, including air raid shelters, estates that had been seized by the Nazis, and salt mines. In the photograph shown here, hundreds of crates holding sculptures and cloth-wrapped paintings are stacked in the Palace Chapel (Schlosskirche) in the town of Ellingen, in Bavaria. (Figure 11.2) Standing guard is a United States soldier.

    In 1943, Allied forces created an organization known as Monuments, Fine Arts and Archives (MFAA). At first, the approximately 350 men and women from thirteen countries who were part of the “Monuments Men,” as they became known, worked to prevent damage to historically and culturally significant monuments. As the war was ending, they began locating and documenting art held by the Nazis and then led the effort to return art to the country from which it had been taken. By the time they completed their work in 1951, the Monuments Men had located and re- turned to their owners 5,000,000 works of art and other culturally significant items, as well as domestic objects of value such as silver, china, and jewelry. As of 1997, approximately 100,000 objects were still missing.

    11.4.2 Display

    Museums of all types play many roles. In the collections they hold, museums act as keepers of the public trust. The objects or artifacts have value to all, from the casual viewer to the avid scholar, in one or more realm: scientific, educational, cultural, social, historical, political. The objects help preserve our memories and carry them into the future; they also help us to under- stand the lives, thinking, and actions of others. Through the exhibitions they hold and objects they display, museums promote debate, encourage new ideas, and stimulate our imaginations. The objects in museums communicate with us by appealing to our senses, emotions, intellect, and creativity. That is why we continue to wonder about and ponder on what we see and experience in museum settings.

    When objects are placed within a context in a museum display, it stimulates our ability to make connections and broaden our understanding. For example, if a historical museum presents information about the geography and history of an area as part of a display on canoes and river trading, we have a context in which to appreciate the objects and interpret the practices of the people in that place and time. That was the approach artist Fred Wilson (b. 1954, USA) took when asked to create an exhibition for the Maryland Historical Society (MHS) in 1992. He titled his show “Mining the Museum.” (Metalwork: FredWilsonMiningTheMuseum2.jpg)

    The mission of the MHS is to collect, preserve, and study objects related to Maryland history. This is often accomplished through the display of objects in its collection. As the organizer of the exhibition, or guest curator, Wilson was allowed to explore the thousands of artifacts in storage, many of which are seldom if ever displayed. He was seeking to bring to light, so to speak, objects rarely seen, and to present groupings of objects in unexpected ways, sometimes humorous and at other times disturbing. For example, with the label identifying the objects as “Metalwork 1793- 1880,” Wilson placed iron slave shackles in the midst of ornately decorated silver tableware. No explanatory text accompanied these things; Wilson wanted viewers to contemplate what they saw and make connections without directions:

    By displaying these artifacts side by side, Wilson created an atmosphere of unease and made apparent the link between the two kinds of metal works: The production of the one was made possible by the subjugation enforced by the other. When the audience made this connection, Wilson succeeded in creating awareness of the biases that often underlie historical exhibitions and, further, the way these biases shape the meaning we attach to what we are viewing.

    So, in addition to asking viewers to question the meaning of the objects through his mode of display, he also wanted them to think about how history is made or constructed by what we include and omit; what we value, and why; and how we highlight objects and information of value in exhibitions within museum settings.

    11.4.3 Property Rights, Copyright, and the First Amendment

    Artist Shepard Fairey (b. 1970, USA) designed a poster with a portrait of President Barack Obama above the word “hope” in red, beige, and two tones of blue in 2008. (Barack Obama “HOPE” poster, Shepard Fairey: Obama_Hope_poster.jpg) Sometimes printed instead with the words “progress” or “change,” the poster and image quickly became associated with Obama’s campaign for presidency and was soon officially adopted as its symbol. After the election, the Smithsonian Institution acquired for the National Portrait Gallery a mixed-media version of the portrait.

    It soon came to light, however, that the poster was based on a photograph taken by freelance photographer Mannie Garcia in 2006. The Associated Press (AP) stated they owned rights to the photograph and that Fairey had not obtained permission from AP for its use. The Associated Press claimed they owned the copyright on the photograph, having contracted ownership of the image from its creator, Mannie Garcia. Garcia, on the other hand, stated that according to his contract with AP, he still possessed the copyright. The exclusive legal right to print, publish, or otherwise reproduce a work of art or to authorize others to do so belongs to the artist who created it according to the U.S. Constitution, Article 1 Section 8: “The Congress shall have Power: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” That right, or copyright, remains in place for the artist’s lifetime plus seventy years, granting the artist the power to control their work, its use, and its reproduction.

    Fairey, through his attorney Anthony Falzone, countered with the statement, “We believe fair use protects Shepard’s right to do what he did here.” Fair use allows for brief excerpts of copyright material to be used without permission of payment from the copyright holder under certain conditions: commentary and criticism, or parody. The idea behind allowing quotes and summaries of copyright material to be used freely is that what is written will add to public knowledge. Parody is referencing a well-known work clearly, but in a comic way; by its very nature, the original work is recognizable in a parody of it. Unfortunately, Fairey’s case was settled out of court, so the question of how his use of Garcia’s photograph in his poster was an example of fair use was not answered.

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