cowboys in Weinmayr 2019
text, installation and photographic
representation. Relatedly, she has also become very critical of short-term
speculation on the art market. Noland has apparently not produced any new work
for over a decade, due to the time she now spends pursuing litigation around
her existing oeuvre.[53](ch11.xhtml#footnote-473) In 2011, she strikingly
demonstrated that an artist need not give up control when her work enters the
commercial art market and turns into a commodity for short-term profit. She
made probably one of the most important stands in modern art history when she
‘de-authored’ her work Cowboys Milking (1990), after it was put up for auction
at Sotheby’s with the consequence that the work could not be sold as a Cady
Noland work anymore.
Swiss-born dealer Marc Jancou, based in New York and Geneva, had consigned the
work to Sotheby’s a few months after having purchased it for $106,500 from a
private collector.[54](ch11.xhtml#footnote-472) Jancou was obviously attracted
by the fact that one of Noland’s works had achieved the highest price for a
piece by a living female artist: $6.6m.
At Noland’s request, on the eve of the auction, Sotheby’s abruptly withdrew
the piece, a sil
ontinuum).
— (2008) The Ignorant Schoolmaster: Five Lessons in Intellectual Emancipation
(Stanford: University Press California)
Raunig, Gerald (2002) ‘Transversal Multitudes’, Transversal 9,
Rose, Mark (1993) Authors and Owners, The Invention of Copyright (Cambridge MA
and London: Harvard University Press).
Schor, Naomi (1989) ‘Dreaming Dissymmetry: Barthes, Foucault and Sexual
Difference’, in Elizabeth Weed (ed.), Coming to Terms: Feminism, Theory,
Politics (London: Routledge), pp. 47–58.
Sollfrank, Cornelia (2012) ‘Copyright Cowboys Performing the Law’, Journal of
New Media Caucus 8.2,
Spivak, Gayatry Chakravorty (1988) ‘Can the Subaltern Speak?’, in Cary Nelson
and Lawrence Grossberg (eds.), Marxism and the Interpretation of Culture
(Urbana: University of Illinois Press), pp. 271–313.
Strathern, Marilyn (2005) Kinship, Law, and the Unexpected: Relatives Are
Always a Surprise (Cambridge: Cambridge University Press).
Thoburn, Nicholas (2016) Anti-Book, On the Art and Politics of Rad
propriation-the-catcher-in-the-rye/>
[21](ch11.xhtml#footnote-505-backlink) In 1977 Douglas Crimp curated the
exhibition ‘Pictures’ at Artists’ Space in New York with artists Troy
Brauntuch, Jack Goldstein, Sherrie Levine, Robert Longo and Philip Smith.
Artist Cornelia Sollfrank interprets ‘the non-specific title of the show’ as a
first indication of the aesthetic strategies presented in the exhibition. The
presentation of reproduced visual materials marked, according to Sollfrank, ‘a
major challenge to the then predominant modernist discourse.’ Cornelia
Sollfrank, ‘Copyright Cowboys Performing the Law’, Journal of New Media Caucus
8.2 (2012),
[22](ch11.xhtml#footnote-504-backlink) As Benjamin Buchloh writes ‘these
processes of quotation, excerption, framing and staging that constitute the
strategies of the work […] necessitate [the] uncovering strata of
representation. Needless to say we are not in search of sources of origin, but
of structures of signification: underneath each picture there is always
another picture.’ Benjamin Buchlo
pw/by-topic/industry-news/publisher-
news/article/45738-j-d-salinger-estate-swedish-author-settle-copyright-
suit.html>
[32](ch11.xhtml#footnote-494-backlink) Elizabeth H. Wang, ‘(Re)Productive
Rights: Copyright and the Postmodern Artist’, Columbia-VLA Journal of Law &
the Arts 14.2 (1990), 261–81 (p. 281),
[https://heinonline.org/HOL/Page?handle=hein.journals/cjla14&div=10&g_sent=1&casa_token=&collection=journals](https://heinonline.org/HOL/Page?handle=hein.journals/cjla14&div=10&g_sent=1&casa_token=&collection=journals)
[33](ch11.xhtml#footnote-493-backlink) Sollfrank, ‘Copyright Cowboys’.
[34](ch11.xhtml#footnote-492-backlink) Thirty paintings created by Prince
contained forty-one of Cariou’s photographs. The images had been taken from
Cariou’s book Yes Rasta (Brooklyn: powerHouse Books, 2000) and used by Prince
in his painting series Canal Zone, which was shown at Gagosian Gallery, New
York, in 2008.
[35](ch11.xhtml#footnote-491-backlink) It might be no coincidence (or then
again, it might) that the district court judge in this case, Deborah Batts, is
the same judge who ruled in the 2009 case in which Salinger successfully
brought suit for copyright infringement agai
to destroy the five paintings at issue. Randy Kennedy, ‘Richard Prince
Settles Copyright Suit With Patrick Cariou Over Photographs’, New York Times,
18 March 2014, [https://artsbeat.blogs.nytimes.com/2014/03/18/richard-prince-
settles-copyright-suit-with-patrick-cariou-over-
photographs/?_php=true&_type=blogs&_r=0](https://artsbeat.blogs.nytimes.com/2014/03/18
/richard-prince-settles-copyright-suit-with-patrick-cariou-over-
photographs/?_php=true&_type=blogs&_r=0)
[50](ch11.xhtml#footnote-476-backlink) Court opinion, p. 13.
[51](ch11.xhtml#footnote-475-backlink) Sollfrank, ‘Copyright Cowboys’.
[52](ch11.xhtml#footnote-474-backlink) In 2016 photographer Donald Graham
filed a lawsuit against Prince with regard to Prince’s use of Graham’s
Instagram pictures. Again, the image shows a photographic representation of
Rastafarians. And similar to the Cariou case Prince appropriates Graham’s and
Cariou’s cultural appropriation of Rastafarian culture.
[53](ch11.xhtml#footnote-473-backlink) Cait Munro quotes Cady Noland from
Sarah Thornton’s book 33 Artists in 3 Acts. Noland gave Thornton her first
interview for twenty-four years: ‘Noland, an extremely talented artist, has
be
ossly negligent destruction of
that work is a violation of that right’, from US Code, Title 17, § 106A, Legal
Information Institute, Cornell Law School,
[57](ch11.xhtml#footnote-469-backlink) Buskirk, ‘Marc Jancou, Cady Noland’.
[58](ch11.xhtml#footnote-468-backlink) Ibid.
[59](ch11.xhtml#footnote-467-backlink) Jancou’s claim was dismissed by the New
York Supreme Court in the same year. The Court’s decision was based on the
language of Jancou’s consignment agreement with Sotheby’s, which gave
Sotheby’s the right to withdraw Cowboys Milking ‘at any time before the sale’
if, in Sotheby’s judgment, ‘there is doubt as to its authenticity or
attribution.’ Tracy Zwick, ‘Art in America’, 29 August 2013,
[60](ch11.xhtml#footnote-466-backlink) It might be important here to recall
that both Richard Prince and Cady Noland are able to afford the expensive
costs incurred by a court case due to their success in the art market.
[61](ch11.xhtml#footnote-465-backlink) The legal grounds for Nola
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