jancou in Weinmayr 2019

rtant 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 silkscreen pri

470) Such rights are based on the premise that
the integrity of a work needs to be guaranteed and a work of art has cultural
significance that extends beyond mere property

Noland’s withdrawal of authorship left Jancou with ‘a Cady Noland’ in his
living room, but not on the market. In an email to Sotheby’s, he complained:
‘This is not serious! Why does an auction house ask the advise [sic] of an
artist that has no gallery representation and has a biased and

ing in
art, he somewhat naively wonders why she would be able to exercise this degree
of power over an artwork that had been entered into a system of commercial
exchange. His complaint had no effect. The piece remained withdrawn from the
auction and Jancou filed a lawsuit in February 2012 seeking $26 million in
damages from Sotheby’s.[59](ch11.xhtml#footnote-467)

From an economic perspective, both artists, Noland and Prince, illustrated
powerfully how authorship is instituted in the form of the arti


Buchloh, Benjamin (2009) ‘Pictures’, in David Evans (ed.), Appropriation,
Documents of Contemporary Art (London: Whitechapel Gallery), originally
published in October 8 (1979), 75–88.

Buskirk, Martha (9 December 2013) ‘Marc Jancou, Cady Noland, and the Case of
the Authorless Artwork’, Hyperallergic, jancou-cady-noland-and-the-case-of-an-authorless-artwork/>

Butler, Judith (2001) ‘What is Critique? An Essay on Foucault’s Virtue’,


Lovink, Geert and Ross, Andrew (eds.) (2007) ‘Organic Intellectual Work’, in
My Creativity Reader: A Critique of Creative Industries (Amsterdam: Institute
of Network Cultures), pp. 225–38,

Marc Jancou Fine Art Ltd. v Sotheby’s, Inc. (13 November 2012) New York State
Unified Court System, 2012 NY Slip Op 33163(U), york/other-courts/2012-ny-slip-op-33163-u.pdf?ts=1396133024>

Mauk, Ben (2014) ‘Who Owns This Image?

ady Noland More Difficult To Work With Than Richard
Prince?’, artNet news, 10 November 2014, /is-cady-noland-as-psychotic-as-richard-prince-162310>;

[54](ch11.xhtml#footnote-472-backlink) Martha Buskirk, ‘Marc Jancou, Cady
Noland, and the Case of the Authorless Artwork’, Hyperallergic, 9 December
2013, jancou-cady-noland-and-the-case-of-

[55](ch11.xhtml#footnote-471-backlink) Marc Jancou Fine Art Ltd. v Sotheby’s,
Inc., New York State Unified Court System, 2012 NY Slip Op 33163(U), 13
November 2012, op-33163-u.pdf?ts=1396133024>

[56](ch11.xhtml#footnote-470-backlink) ‘

nt 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


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