23 December 2010

Divulgation, Withdrawal and MR

CBC reports that the National Gallery of Canada is seeking legal advice over moral rights claim by Toronto artist AA Bronson in the 'Wojnarowicz' dispute involving the US National Portrait Gallery (NPG).

Bronson has asked the NPG to return his Felix, June 5, 1994 photograph from the NPG Hide/Seek: Difference and Desire in American Portraiture exhibition. Hide/Seek has attracted criticism from religious fundamentalists on the basis that difference (eg gay people) should not be recognised. The NPG has attracted criticism over removal of an extract of David Wojnarowicz's A Fire in My Belly video piece. That extract features an 11-second sequence in which ants crawl over a bloodied cross - somewhat distressing, I suspect, for most viewers than the anguish evident in crucifixions depicted by artists such as Grunewald, El Greco and Velasquez but opportune for expressions of outrage by small, extreme advocacy groups. (Let's not think about the lip-smacking gore in several Mel Gibson movies) Objectors have condemned the piece as "anti-Christian"; the NPG has explained removal on the basis that the video was "distracting from the overall exhibition". In a statement proclaiming that 'Smithsonian Stands Firmly Behind "Hide/Seek" Exhibition' [PDF] the institution advises that -
The museum and the Smithsonian stand firmly behind the scholarly merit and historical and artistic importance of the exhibition.

Acknowledging that some visitors may prefer not to encounter some of the subject matter in the exhibit, the museum installed signs at both entrances, reading "This exhibition contains mature themes."
Parental guidance signs in exhibitions featuring Mannerist and Baroque grand guignol - The Flaying of Marsyas, The Martydom of St Sebabastian, lurid S&M involving St Agatha or sundry other martyrs - might be advisable.

In answering "Why did the Smithsonian make the decision to remove the A Fire in My Belly video by David Wojnarowicz from the exhibition?" the NPG indicated that -
Many people who contacted the Smithsonian and some members of Congress were upset about segments of the four-minute video (optionally accessed by visitors on a small touch screen in the exhibition) because it depicted a crucifix on the ground with ants walking on it. They interpreted the video imagery as anti-Christian.

This imagery was part of a surrealistic video collage filmed in Mexico expressing the suffering, marginalization and physical decay of those who were afflicted with AIDS. In the video, Wojnarowicz used religious imagery placing his work firmly in the tradition of art that uses such imagery to universalize human suffering.

Smithsonian officials and museum leaders are sensitive to public perceptions of the Institution's exhibitions. In this case, they believed that the attention to this particular video imagery and the way in which it was being interpreted by many overshadowed the importance and understanding of the entire exhibition. Thus the decision was made to remove the video from the exhibition.
Bronson's work - for me far more haunting than the Wojnarowicz video - is on loan to the NPG from the Ottawa-based National Gallery of Canada (NGC). He has reportedly sent an email to NGC director Marc Mayer claiming that his "moral rights under Canadian and American copyright law" are being violated because the NPG is refusing to return the photo.
I am instructing the National Gallery of Canada to remove my work Felix, June 5, 1994 from the Hide/Seek exhibition at the National Portrait Gallery in Washington, D.C., immediately, and until such time as the David Wojnarowicz video is restored in full
Mayer has responded that
Now that we have been contacted by your lawyer on this complicated legal matter, you will understand that as representatives of the public interest, the responsible thing for us to do is to seek our own legal advise [sic]
The NPG has said it will not meet Bronson's request to remove his work from the exhibition. That refusal is consistent with US jurisprudence under the Visual Artists Rights Act (VARA) and with the Moral Rights provisions in Australian copyright law. As Maree Sainsbury comments in her Moral rights and their application in Australia (Federation Press, 2003), the droit de retrait et de repentir has limited practical application.