Constantin Brancusi, Bird in Space: Manufactured metal or a work of art?

A trial held in New York City in 1927 illustrates just how hard it can be to agree on what constitutes “art.” Edward Steichen, a prominent American photographer, had purchased a bronze sculpture entitled Bird in Space from the Romanian artist Constantin Brancusi (1876-1957), who was living in France.

Steichen imported the sculpture to the United States, whose laws do not require payment of customs duty on original works of art as long as they are declared to customs on entering the country. But when the customs official saw the Bird, he balked. It was not art, said: it was “manufactured metal.” Steichen’s protests fell on deaf ears. The sculpture was admitted into the United States under the category of “Kitchen Utensils and Hospital Supplies,” which meant that Steichen had to pay $600 in import duty.

Later, with the financial backing of Gertrude Vanderbilt Whitney, an American sculptor and patron of the arts, Steichen appealed the ruling of the customs official. The ensuing trial received a great deal of publicity. Witnesses discussed whether the Bird was a bird at all, whether the artist could make it a bird by calling it one, whether it could be said to have characteristics of “birdness,” and so on. The conservative witnesses refused to accept the work as a bird because it lacked certain biological attributes, such as wings and tail feathers. The more progressive witnesses pointed out that it had birdlike qualities: upward movement and a sense of spatial freedom. The court decided in favor of the plaintiff. The Bird was declared a work of art, and Steichen got his money back.^[1]