A R T I N T H E C O U R T R O O M
by V I L I S R I N D E Published by P R A E G E R P U B L I S H E R S
Art in the Courtroom provides an objective analysis of five recent art trials. Each trial deals with a distinct area of the
law, including copyright, First Amendment, valuation of art and other areas involving art law. The book provides a
thorough analysis (approximately 50 pages / chapter) of each trial based on pre-trial depositions, legal briefs, transcripts
of the proceedings court orders, and other relevant material . The author's primary objective was to provide an
accurate history of these important art trials.
A recent review provides,
With Art in the Courtroom Vilis Inde actually gets into several cases and looks at what happened, how the case
was fought, what the court found, and then usually gets into the fallout of the case. Although there are only a
few cases listed this is an excellent resource for artists and other members of "the general public" who might be
interested in how the courts effect the arts.
Vilis, an attorney, appears to have put this book together for artists and other members of the general public; the
language is conventional and in instances where he does use legal jargon the terms are defined. The layout of
each case is clear and then extensive endnotes provide an abundance of details which help explain participants'
circumstances and motivations, as well as Inde's opinion of certain actions or decisions. Altogether this makes the
book extremely readable and informative, even for those of us without a legal degree.
Review dated December 2005 on epinions.com
The five chapters in "Art in the Courtroom" are:
1. Jeff Koons: Piracy or Fair Use? This is an analysis of the appropriation of images by Koons and how appropriation fits
or fails to fit within the copyright laws of the United States. This is the seminal case in copyright law and the arts. Art
Rogers, a photographer, sued Koons for copyright infringement after he saw the sculpture "String of Puppies" featured
in a newspaper review of an art exhibit.
2. Richard Serra: Whose Property is it Anyway? The federal government commissioned Richard Serra to create a
sculpture for Federal Plaza in Manhattan. Within a few years, there were calls to remove the work known as "Tilted
Arc." The piece was 120 feet long, made of Cor-Ten steel, and dissected the plaza. Despite the arguments about
site-specificity, First Amendment, and Due Process, the court determined that the United States had purchased the
sculpture and could do with it as they pleased.
3. David Wojnarowicz: The Sanctity of Art? Rev. Donald Wildmon of the American Family Association created a pamphlet
using small details of sexual imagery that had been included in the artist's work. Wildmon then distributed the
pamphlets, which questioned partial government funding of an exhibit of the work, to members of Congress and the
media, Wojnarowicz sued for misrepresentation and won, although damages were limited to $1. Wildmon's distribution
of the pamphlets represents the beginning of the Culture Wars. This case shows how a conservative judge may be an
"activist" by, inter alia, his advising Wildmon how to create a virtually identical pamphlet that would avoid claims of
misrepresentation.
4. Andy Warhol: How Much for that Painting of a Campbell's Soup Can? This is a fascinating analysis of the valuation of
90,000 pieces of Warhol's art left in his estate. The trial exposes the many factors used in the evaluation of art. This
was a battle of the experts which pit The Andy Warhol Foundation for the Arts against the executor and ultimately, the
executor's attorney of Warhol's estate.
5. Karen Finley: NEA Funding: Is it Decent? The Court of Appeals for the Second Circuit considered the guidleines
established by the United States Congress for funding by the National Endowment for the Arts. This discussion in this
chapter is at the heart of the Culture Wars. The United States Supreme Court would later overrule the Second Circuit
decision.
"Art in the Courtroom" was published by Praeger Publishers in 1998. It is found in many art museum and law libraries
throughout America and western Europe, including the Museum of Modern Art.
Vilis Inde practiced law at Carter, Ledyard & Milburn and Robinson, Silverman, Pearce, Arohnson & Berman in New York,
New York, as well as practicing law in Minneapolis, Minnesota. The book served as a transition between practicing law
and working in the arts.
The book may be purchased from Amazon.com for $106+ or a signed copy from inde/jacobs for $85.
Published by Praeger Publishers / Greenwood