Bird in Space
Details
- Artist: Constantin Brâncuși
- Exhibition: Challenge: Public Domain 2019
Description
Bird in Space (L'Oiseau dans l'espace) is a series of sculptures by Romanian sculptor Constantin Brâncuși. The original work was created in 1928. It was sold in 2005 for $27.5 million, at the time a record price for a sculpture sold in an auction. The original title in Romanian is Pasărea în văzduh.
In 1926-27, Bird in Space was the subject of a court battle over its taxation by U.S. Customs. In October 1926, Bird in Space, along with 19 other Brâncuși sculptures, arrived in New York harbor aboard the steamship Paris.[5] While works of art are not subject to custom duties, the customs officials refused to believe that the tall, thin piece of polished bronze was art and so imposed the tariff for manufactured metal objects, 40% of the sale price or about $230.
Under pressure from the press and artists, U.S. customs agreed to rethink their classification of the items, releasing the sculptures on bond (under "Kitchen Utensils and Hospital Supplies") until a decision could be reached.
No one argued that the piece had a practical purpose, but whether or not the sculpture was art was hotly contested. The 1916 case United States v. Olivotti had established that sculptures were art only if they were carved or chiseled representations of natural objects "in their true proportions." Therefore, a series of artists and art experts testified for both the defense and the prosecution about the definition of art and who decides exactly what art is.
Despite the varied opinions on what qualifies as art presented to the court, in November 1928 Judges Young and Waite found in favor of the artist. This was the first court decision that accepted that non-representational sculpture could be considered art.
As of January 1, 2019, this artwork will enter into the public domain.