“Beauty is in the eye of the beholder”, but when exactly do we know that a work of art is 100% art and should be treated as such? In 1926, the sculpture made by Konstantin Brancusi was at the center of a sharp legal dispute. After Brencusi’s trial with the United States, the definition of art was no longer the same. You can learn more about this unique case from the article below.

If you want to experience even more Brancusi, we remind you that Timisoara is the cultural capital of Europe in 2023, and soon the largest exhibition of the great artist’s works in Central and Eastern Europe will be organized here. The exhibition can be visited at the National Art Museum in Timisoara from September 30, 2023 to January 28, 2024.

Banca Transilvania is the main partner of the Timișoara 2023 programme.

What is art?

“After a week’s journey from France, the boxes with Constantin Brancusi’s sculptures arrived at the port of New York. It was October 1926, his sculptures were to be exhibited in the Brummer Gallery. United States customs officers opened the boxes and discovered 20 mysterious discs, eggs and flaming forms made of carved wood, polished metal or smooth marble. But among them was a work that stunned them: a thin, five-foot piece of bright yellow bronze with a slightly conical bulge called Bird in space (Bird in space). It didn’t seem like a bird to the customs officials, so they refused to exempt it from duty, as they did with works of art. They implemented a standard rate for metal objects: 40% of the sale price, which is $240 (equivalent to about $2,400 today)” – Legal Matters.

Brancusi did not agree with this assessment and decided to file a complaint to the court for the protection of the work “Bird in Space”.

The main issue at trial was whether Brancusi’s work really resembled what he called a bird in space. If it passed this test, the piece would be classified as a sculpture, therefore art, and would be exempt from customs duties.

Several experts testified during the trial, including the owner of the sculpture, Edward Steichen, an artist and future director of MoMA’s Department of Photography.

When asked, “Why do you think this object is a bird?” art critic Frank Crowninshield, another expert who testified at the trial, said, “It suggests flight, it suggests grace, aspiration, the power associated with speed in the spirit of power, potency, beauty, like a bird” – MoMA.

After much testimony, the court was convinced that by then the old definition of art was out of date. The judge’s decision at the time stated that “a so-called new school of art has developed, whose representatives seek to depict abstract ideas, rather than to imitate natural objects. Whether or not we agree with these new ideas and the schools that represent them, we believe that their existence and impact on the art world must be addressed,” MoMA’s article reads.

Even if, from a legal point of view, the definition of art is still uncertain and depends on different branches of law, Brâncuși vs. The USA was victorious.

However, Legal Affairs claims that the verdict was only a victory for Brancusi, not for modern art, and that’s because the judge liked A Bird in Space.

“The bird was his best witness. It was the only clean thing in the courtroom. He shone like a precious stone,” – Edward Steichen

The European Capital of Culture is an honorary title awarded by the European Parliament for one year to a city or several cities after evaluating the candidacies of settlements participating in the competition. This contributes to the cultural, social and economic development of some localities and regions of Europe. In 2023, three cities became the cultural capitals of Europe – in addition to Timisoara, they are Elefsina (Greece) and Veszprém-Balaton (Hungary).

Banca Transilvania is the main partner Cultural capital of Europe 2023 – Timisoara and the main partner of the exhibition Constantin Brancusi: Romanian sources and universal perspectives.

Article supported by Banca Transilvania