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November 28, 2007

Coming Soon to the Albert Hall . . .

More DANGEROUS ART!

Item 1:

From New York Magazine, a description of You by Urs Fischer, now on view in Manhattan at Gavin Brown's enterprise gallery:

A 38-foot-by-30-foot crater, eight feet deep, extends almost to the walls of the gallery, surrounded by a fourteen-inch ledge of concrete floor.  A sign at the door cautions, THE INSTALLATION IS PHYSICALLY DANGEROUS AND INHERENTLY INVOLVES THE RISK OF SERIOUS INJURY OR DEATH; intrepid viewers can, all the same, inch their way around the hole.

Item 2:

Apropos of yesterday's post on Tate Modern's cracking Shibboleth, some thoughts from the weblog of New York gallery owner Edward Winkleman:

Twice in our gallery's history we've exhibited work that, if the viewer were unfortunate or not careful, they might have hurt themselves on.  Once the situation was easy enough to handle (a warning on the door), but the other time, the work was interactive and no matter how explicit our warnings, folks still seemed to find a way to interact in a dangerous manner.  It became a running joke...the increasingly alarming notices...leading us to ponder whether "Do Not Under Any Circumstances Even Consider Moving or Breathing While Interacting With This Art" would do the trick.

I came away from that experience realizing that some work is simply too dangerous to let the public interact with without strict supervision.  With this lesson under my belt, then, I was a bit surprised to see the openness with which visitors were able to roam the Turbine Hall at the Tate Modern . . . .  I mean, I get it conceptually, just not liability-wise.

Conclusion:

Brings a [w]hole new meaning to the phrase "Fall Art Season," eh?

~~~

New York link via 3quarksdaily.  Winkleman link via The Art Law Blog.

November 27, 2007

Crack of Doom

And now, another episode of DANGEROUS ART!

Now on view in the enormous Turbine Hall of London's Tate Modern museum is Colombian artist Doris Salcedo's Shibboleth, of which the curators write:

Doris Salcedo’s Shibboleth is the first work to intervene directly in the fabric of the Turbine Hall.  Rather than fill this iconic space with a conventional sculpture or installation, Salcedo has created a subterranean chasm that stretches the length of the Turbine Hall.  The concrete walls of the crevice are ruptured by a steel mesh fence, creating a tension between these elements that resist yet depend on one another.  By making the floor the principal focus of her project, Salcedo dramatically shifts our perception of the Turbine Hall’s architecture, subtly subverting its claims to monumentality and grandeur.  Shibboleth asks questions about the interaction of sculpture and space, about architecture and the values it enshrines, and about the shaky ideological foundations on which Western notions of modernity are built.

Shibboleth, to be blunt, is a Great Big Crack in the Floor.  It is a large, open and obvious crack, the sort you should not step on if you value your mother's back nor step in if you value your own.  It is there for anyone to see, plain as day.  Indeed, the entire point of Shibboleth is to be there for all to see: it's art, after all.

Tate_modern_shibboleth_by_mla_digital

And yet, no matter how clearly recognizable a potential danger may be, some will inevitably fall prey to it, as reported by the Times Online:

Shibboleth_005_by_lucia_fernandez [T]he casualties have been mounting up at Tate Modern in London, where
15 people were hurt viewing Shibboleth 2007 in the first four weeks after its opening.

Beginning as a crack, Shibboleth widens and deepens as it snakes across the gallery’s Turbine Hall, until in some places it is large enough for a toddler to fall into.  Staff have been detailed to monitor visitors wandering around the hall, but a Freedom of Information request by The Times has revealed that their efforts have not been entirely successful.

Four of the 15 accidents, some of which resulted in minor injuries, have been reported to the Health and Safety Executive.  The museum has considered using Perspex glass to cover Shibboleth 2007, which . . . runs the full 167 metres (548 feet) of the cavernous hall.

One has to feel for Dennis Ahern, the Tate's head of safety and security, who is obliged to strike a balance between respecting the nature of the work and managing the risks of injury and resulting liability claims that it poses.  As Ahern reported to his colleagues:

'With Shibboleth this hazard differs from equitable ones in that physical protection measures which would normally be applied to a gap of this nature are not deemed appropriate due to its artistic nature.'

The museum is no stranger to injurious art installations, as the Times also notes:

Tate Modern is facing four other legal claims arising from other incidents, mostly related to the giant slides that last year occupied the hall.

[Hyperlink -- to giant slides! -- added.]

All of which inspires Decs&Excs to a flight of cautionary verse, which the reader can perhaps imagine performed as a patter-song in the manner of Noel Coward or Gilbert & Sullivan:

There's a crack in the floor of the Tate;
At the Tate there's a crack in the floor:
It winds through the Hall
From the door to the wall
And it's really too big to ignore.

But some won't, as they say, "Mind the Gap."
They'll fall down and their limbs will contort.
And each injured visitor's
Chosen solicitor's
Ready to take Tate to court.

So don't say that you haven't been warned,
Should you visit the Tate Modern premises.
Artistic effusion
Can lead to contusion --
Beware! for the crack is your nemesis.

~~~

OF RELATED INTEREST:

  • Decs&Excs appreciates the difference between solicitors and barristers and knows that it is the latter who would more likely take one to court.  We hope we may be forgiven for having sacrificed precise accuracy on the altar of rhyme.  This too is art, of a sort.

~~~

PHOTO CREDITS:
Upper: Tate Modern - Shibboleth, photo by mla_digital via Flickr under Creative Commons license.
Lower: Shibboleth 005 by Lucia Fernandez, via Flickr, under Creative Commons license.

November 12, 2007

Band Advocates on the Run

You run 26 miles, and what do you get? 

You get Eric Turkewitz and his epic marathon-themed take on Blawg Review #134, at New York Personal Injury Law Blog

Stock up on fluids, set aside the necessary time for training and recovery, and run wild and free through an astonishing range of legal webloggery.

November 06, 2007

Stata Me Up

Stata_center
Photo by Stephen Downes via Flickr, under Creative Commons license.

This is the Stata Center at the Massachusetts Institute of Technology, designed by renowned architect, Frank Gehry.  (That link leads to the site of a 2001 exhibition on Gehry at the Guggenheim Museum in New York, partially underwritten by - ahem - Enron.)

Stata_center_in_the_snow
Photo by koalie, via Flickr, under Creative Commons license.

This is the Stata Center in the snow, a condition that has been known to occur in Massachusetts with almost annual frequency. 

Snow, unfortunately, does not mix as well with world-class architecture as might be hoped.  Professor Althouse points us today to a Boston Globe report on the exotic building's real world troubles:

Details:

The Massachusetts Institute of Technology has filed a negligence suit against world-renowned architect Frank Gehry, charging that flaws in his design of the $300 million Stata Center in Cambridge, one of the most celebrated works of architecture unveiled in years, caused leaks to spring, masonry to crack, mold to grow, and drainage to back up.

The suit says that MIT paid Los Angeles-based Gehry Partners $15 million to design the Stata Center, which was hailed by critics as innovative and eye-catching with its unconventional walls and radical angles.  But soon after its completion in spring 2004, the center's outdoor amphitheater began to crack due to drainage problems, the suit says.  Snow and ice cascaded dangerously from window boxes and other projecting roof areas, blocking emergency exits and damaging other parts of the building, according to the suit.  Mold grew on the center's brick exterior, the suit says, and there were persistent leaks throughout the building.

Not surprisingly, the architects blame the engineers who blame the contractors who blame the subcontractors and so on down the line.  And we can safely assume that everyone is busily tendering the suit to their respective insurers.

Professor Althouse applies the Socratic method:

Do you want a wild and crazy building dreamed up by an artist?  Stop and think whether all the less strange buildings look the way they do for a reason.

It takes only until the third comment for someone to invoke Frank Lloyd Wright -- whose flat-roofed buildings are notorious for their leaky qualities.  An aesthetic brief for the defense of Wright in particular and buildings-as-art in general can be found here:

Wright's attitude to his buildings, and to his clients and their use of those buildings, is best summed up in his (in)famous retort to a client who, at first, bitched to Wright about the leaks in the roof of his new house.  Said Wright, 'That's what happens when you leave a work of art out in the rain.'

True enough, but one doubts that MIT will be convinced.

~~~

UPDATE 111007:  Donn Zaretsky's Art Law Blog, no surprise, has been following the MIT-Gehry dispute closely over the past several days:

  • His initial report (with much-appraciated Decs&Excs citation) is here.
  • A follow-up with thoughts on "assumption of the risk" in dealing with cutting-edge architecture [cf. the Frank Lloyd Wright quotation, supra] is here.

November 04, 2007

Don't Say You Weren't Warned

Now here's a model of forward-thinking risk management from which many an industrialist might profit:

Model7_2

 

Via Dr. Boli’s Celebrated Magazine, for the discovery of which please join me in thanking Megan McArdle.

~~~

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