Back in June, sculptor Anish Kapoor installed the sculpture Dirty Corner on the grounds of the famous palace there. Kapoor, who can’t seem to avoid public controversy over his work, saw the sculpture first become the object of debate with regard to its form itself, specifically, the suggestion that the shape of the large work was anatomical. Kapoor coyly fostered speculations about what it was meant to represent, but ultimately demurred that his “work has multiple interpretive possibilities." With recent vandalism and a court order that he remove the graffiti, however, the story has turned into one more about free expression and compelled speech. So far, it does not have a happy ending.
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A sculpture in China that is remarkably similar to Anish Kapoor’s famous Cloud Gate in Chicago is highlighting how the colloquial use of words like appropriation and plagiarism, while useful and descriptive to distinguishing the creative process, can often confuse the issue when it comes to sorting out the parties’ legal rights. While the opinion here is that Kapoor has a good case for infringement (Cloud Gate-gate?), it is not the idea of plagiarism that would support his claim.
Topics: appropriation, Donn Zaretsky, Xinjiang, Infringement, Pressure, SuicideGirls, Foreign Sovereign Immunities Act, Freddie Mercury, Rahm Emmanuel, Ma Jun, Chicago Sun Times, Ice Ice Baby, David Bowie, FSIA, Karamay, Copyright, Cloud Gate, Millennium Park, The Art Law Blog, Anish Kapoor, Plagiarism, Fair Use