artliberated|cases|details
Art description:
My Serigraphy ”Äkta max walters?”, 1977, 52x65 cm, (”Genuine max walters?”), is a conceptual work of art, in an edition of 25 copies. The idea was to comment Svanberg´s manipulations with his graphical editions, i. e. signing and numbering of enlarged reproductions of earlier lithographs without telling that they were signed reproductions. That the public got the impression that they purchased an original work of Svanberg,
My comments were printed on the surface of the reproduction of his lithography ”Den röda dagens blommande kroppar” 1955, edition 200 copies, original size 35,4x44,2 cm. His reproduction, 52x65 cm, was printed in 1967 and appeared on the art market in different signed and numbered editions.
My printed comments in black were, see picture of my serigraphy:
Obs! inget raster får synas! Lägg på guldprägling här! Flytta på signaturen! Retuscheras bort!!! Nytt formatt 52x65 cm (det gamla var 44,2x55,4). En stämpel med texten ”Commercialize Art Center, Lund, Sweden” med OK, LE 20/3 -77. Prisvarianter för Svanbergs bild. Äkta litografi sign 6.000 :-. Äkta reproduktion sign 1.500:-. Äkta reproduktion 35:-.
(Note! no screen to be seen! Put on gold here! Move the signature! Retouch away this! New size 52x65 cm (the old one was 44,2x55,4 cm) A stamp with this text ”Commercialized Art Center, Lund, Sweden” and OK, LE 20/3 –77. Price variants of Svanberg´s picture: Genuine litography signed 6.000:-. Genuine reproduction signed 1.500:-. Genuine reproduction 35:-.)
Incident:
My serigraphy ”Äkta max walters?” 1977, (”Genuine max walters?”), was accepted by the jury of three, Per Bjurström, director of graphic and drawing department at Nationalmuseum, Stockholm, Olle Johnsson, chairman of Sveriges Konstföreningars Riksföbund, Svenrobert Lundqvist artist and editor of ”Grafik-Nytt”, Grafiska Sälllskapet´s magazine, for the exhibition ”Förvandlingar” at Malmö Museum 1977.
During the press conference March 10, before the opening of the show March 20 1977, it became clear that my serigraphy, for the first time officially revealed Svanberg´s manipulations of signed and numbered editions of reproductions to the public. After a few days it was clear that Svanberg was going to sue me for breaking his copyright. April 1, 1977 I was presented his plaint, which later that evening was signed by the Fluxus artist Robert Filliou visiting Malmö for his show. Svanberg claims his right according to the copyright law §§ 2-3 compared with 53 §, demanding compensation and claims damages of 50.000 kronor and me paying his legal costs. He also claims that my serigraphs shall be destroyed and that they should be confiscated until the case was closed. The trial started in the district court May 11, 1977. Svanberg was not present in the court and his case was made by his attorney Göran Luterkort, Malmö, considered as the expert on copyright. My attorney was Sven-Erik Hammarstolpe, Lagerlöfs Avokatbyrå, Stockholm and as my witness I had Per Bjurström, Nationalmuseum in Stockholm.
June 6, 1977, I was convicted by the district court in Malmö to have interfered Svanberg´s copyright, and to pay him SEK 15.000 kronor for damages and his legal costs of SEK 7.000 kronor and that the my 25 serigraphs should be destroyed. Even the copy purchased by Nationalmuseum in Stockholm.
I appealed the judicial decisions to the court of appeal in Malmö, July 5, 1977. Even Nationalmuseum appealed in order to save their copy. The trial in the court of appeal started February 27, 1978. Svanberg was not present. Instead he had sent a doctor´s certificate that he was to ill to attend, and personal letter to the court. Göran Luterkort had not called any witness to prove Svanberg´s right, He was certain to win the case once again. I had called Per Bjurström and the professor of art history Oscar Reutersvärd at the University of Lund, Sweden.
For the trial in the court of appeal I made a new piece ”Återställd max walters?”, 1977 (”Recovered genuine max walters?”), edition 25 copies. I used the same reproduction, but I had only the handwritten new title as element below Svanberg´s image. Both of my pieces were presented in the courtroom to show how conceptual art is about ideas.
Reutersvärd explained that the conceptual art has to do with ideas and only that and also declared that under the actual circumstances my serigraphy was not a violence of Svanberg´s copyright. Per Bjurström had the same opinion. It is important to know that to be convicted according to the mentioned paragraphs of copyright law, must the new piece be seen, by the public opinion, here represented by Reutersvärd and Bjurström, as still a work of Svanberg. That was not the case. Therefore I was acquitted March 21, 1978.
The dignity and importance of this copyright case – which in the end became test case – interested many and supported my point of view, that it must be possible to criticise manipulations of an artist, even if it is done on a work of him. Institutions like Statens Konstmuseer, Statens Konstråd, Grafiska Sällskapet, Svenska konstkritikersamfundet, SKYS/Konstnärscentrum, SKR (Sveriges Konstföreningars Riksförbund) Skånes Konstförening, ABF och Konstfrämjandet spoke on my behalf. Following persons of the Swedish community of art were also in favour for me: Professor in Art History Sven Sandström, Lund University, the painter and former professor Peter Dahl at the Swedish Art Academy, Stockholm, and Ulf Linde, art critic, and a member of the Swedish Academy.
Svanberg appealed to the Supreme Court. They accepted his appeal. June 1, 1979 the Supreme Court confirmed the verdict of acquittal in the court of appeal in 1978.
The copyright case ”Svanberg/Eriksson T 125/77”, ( T stands for Tingsrätten [District Court], and 125 is the number of the case in 1977.), became a test case and is now an important part of the Swedish Copyright Law. So far at least a couple of similar cases has not been brought to court because of this precedential verdict. Though I won the case it cost me 87.594 kronor to win.
Current status:
In 1979 I made a retrospective exhibition at Händer in Stockholm where I exhibited all my works since 1974, concerning different speculations in art works and other artefacts. Among the works were my three ”prints” relating to Svanberg. The last piece in a series of three was ”Är det bättre så här?”,1979 (Is it better like this?) edition of 25 copies. The third print, same size as the other two, had only the original comments printed in black on white paper. ”Äkta max walters?”, ”Återställd äkta max walters?” are now in the collection of Moderna Museet in Stockholm. They were exhibited at ”Falskt & Äkta”, Nationalmuseum 2004, but catalogued with wrong titles and provenance. It is surprising that art institutions did not have the interest to get it right when it concern two work of art, which had an important impact on the law of copyright.
Opposed by: Max Walter Svanberg, Swedish surrealist
Reason: Copyright
|
|
|
| |
|
| Top news: |
Ulrika Sparres / I am great / show and discussions
Random cases:
Mat Vaassen, Three posters by Mat Vaassen 2002
Marianne Lindberg De Geer, Jag tänker på Lena Cronqvist (I am thinking of Lena Cronqvist) 2001
Random features:
Artliberated features KLF
Russia's cult video pirate rescripts Lord of the Rings as gangster film
Raiding the 20th Century by DJ Food
|
