Art Theory Research Articles

Fair Use and the Judicial Search for Meaning

Are courts capable of deciphering the true meanings of artworks? Is it reasonable for them to try? Recent litigation between the Warhol Foundation and the photographer Lynn Goldsmith brought these questions into sharp focus. Fair use, the limited exception to the otherwise exclusive property rights granted to copyright owners, requires courts to assess the meaning of a secondary work so that they can determine whether the secondary use is sufficiently “transformative” to qualify for the fair use defense. Warhol used Goldsmith’s photo of Prince as the basis for his silkscreen, which he called the Orange Prince. Was it infringing, or was it fair use? What did Warhol’s work mean? Despite the centrality of this doctrinal question in all fair use disputes, neither courts nor scholars have ever devised a methodology for assessing new meaning. The theoretical vacuum has led to unpredictable and inconsistent case law. Warhol provided the Supreme Court with a rare opportunity to sharpen methodology, but the Court declined, leaving a pernicious theoretical gap at the heart of the fair use doctrine. This Article provides a much-needed judicial basis for assessing new meaning. By weaving together doctrinal analysis—with insights drawn from existing case law—and art theory, the Article provides a framework that courts can utilize to determine whether new meaning exists. First, the Article proposes a methodology that allows courts to determine whether there is new meaning without forcing judges to try to find—in vain—what a work of art “really” means, a doctrinal and theoretical dead end that, to date, has yielded painfully inconsistent case law. Second, the proposed methodology not only relieves judges from the impossible task of figuring out what a work of art means, but also provides a clearer standard for when new meaning is transformative. Third, the suggested standard for transformativeness provides a useful method for finding a healthy balance between free speech and economic rights, which are inevitably at odds with each other in fair use disputes. By recognizing that creative works have unique interpretive demands and that the judge’s role should be to inquire into meaning rather than to legislate it, the Article provides our courts—as well as fair use practitioners—with a clearer path forward than our current jurisprudence allows.

Il sublime delle stenelle. Riflessioni sull’estetica del whalewatching

ABSTRACT The present article applies some classical categories developed by the early modern tradition of philosophical aesthetics to an area of inquiry that has only recently been studied extensively by contemporary aesthetics. Here I propose to consider the practice of whalewatching as an aesthetic practice, having its specific aesthetic features and peculiarities. To do so, I will cross three very different traditions: the early modern tradition represented by the theorists of the Sublime as an aesthetic category of relevance, developed by many authors in the XVIII century and here presented via the reconstruction of Remo Bodei, the pragmatist, experience-centered aesthetics of John Dewey and the more contemporary, mostly Anglo-American, studies on animal aesthetics as a distinct topic. The discussion of the traditions mentioned is aimed at providing a theoretical framework not only valuable for an analysis of the aesthetic nature of the practice of whalewatching, but also to propose a new category of aesthetic experience, that I call here animal sublime.

The Generation and Transfer of the “Sweet” Category in Calligraphy Appreciation

Ancient Chinese calligraphy theories often “discuss calligraphy by taste”. “Taste” is an essential category of classical Chinese aesthetics, and is a concrete expression of the spirit of Chinese art. In contemporary calligraphic critical discourse, outside of the audiovisual norms, the Chinese calligraphic tradition of “discussing calligraphy by taste” is undoubtedly an ideological resource that cannot be ignored. “Gan”. In English is called “pleasant” and was originally one of the five flavors, and in the Eastern Han Dynasty, it slowly developed the meaning of “Tian” (sweet) to describe the taste. “Sweet”, as an aesthetic category, appeared in a large number of poetry, calligraphy, and painting theories in the Ming and Qing dynasties and beyond. Since the Tang Dynasty, “Sweet” has been combined with “Vulgar”. The word “Sweet” was formally introduced into the realm of painting and calligraphy appreciation. This article utilizes the theory of aesthetics and combines it with physiology, psychology, and other disciplines to explain discussing calligraphy by “Sweet”. An analysis of the generation and transfer of the category of “Sweet” in the appreciation of calligraphy reveals the mutual borrowing and influence of art theories. After sorting and analyzing, it can be seen that “Sweet” refers to works that are overly modified, not chewable, and have no flavor outside the taste. Or works with too much “craftsmanship”, too much skill, too much ink, and works that are opposite to the beauty of “clumsiness” and “lightness” appreciated by ancient calligraphers.

Essay as Novel and Fiction as Art: The Evolution of Two Genres in the Oeuvre of Cynthia Ozick

Abstract Embarking on her first novel in 1950 as an ardent admirer of Henry James, Cynthia Ozick developed a demanding theory of literary high art. When she emerged from her self-seclusion in 1964 with her novel Trust and began to publish short stories, her new work was sharply critical, from a Jewish point of view, of the arrogance, vanity, and maddening ambition that drives the creation of art. In the mid-1980s, Ozick managed to resolve the conflict she had perceived between Jewish moral imperatives and literary art. At the same time, as her career was taking off and editors began to request nonfiction contributions to high-profile magazines, she split her writing into two distinct but complementary genres, fiction and essay. They serve two distinct purposes and differ in their poetics and mode of composition. Essays comment on the world, the present and the fleetingness of time; fictions are mind games; they show timeless ideas in action. This article traces the evolution of the split into two genres and delineates Ozick’s theory of art.

Touched by beauty: a qualitative inquiry into phenomenology of beauty

Philosophy of aesthetics and beauty has traditionally prioritized the sense of vision while deprioritizing the more basic-bodily and thus less “noble” sense of touch. This paper examines bodily aspects of how beauty appears in the experience of visual art and motivates the view that touch is fundamental to such experiences. We appeal to Merleau-Ponty to show the relevance given to touch in his phenomenology of aesthetics, to unfold the meaning of touch as “reversible,” and to understand how vision can be conceptualized as a form of touch. Further, we present four cases of feeling touched by beauty in experiences of visual art collected through interviews with art museum visitors. The descriptions of these experiences show that when people open themselves to an artwork they also open themselves to themselves. Based on the qualitative descriptions, we discuss how Merleau-Ponty’s phenomenology of touch is revelatory of the meaning of feeling “touched” in experiences of beauty.

Aesthetic Verdicts

This article examines the landmark 1878 defamation case of Whistler v Ruskin, a pivotal legal battle that underscored the complexities of adjudicating art criticism under defamation law. The trial arose from John Ruskin’s scathing critique of James McNeill Whistler’s work, which led Whistler to sue for libel, seeking validation not just of his art but of his artistic philosophy. Despite the public fascination and Whistler’s tactical use of the trial as a platform for self-promotion, the jury’s award—a derisory farthing—hinted at their view of the lawsuit as frivolous. This case emphasizes the intrinsic challenge of legal systems grappling with subjective art valuation and critiques, the evolving norms of defamation, and the implications for the freedom of speech. While Whistler nominally won, the repercussions for both men were significant, affecting their finances, reputations and positions within the art world, and the trial’s legacy continues to inform the discourse around art, law and cultural value. Keywords: James McNeill Whistler; John Ruskin; Victorian libel law; defamation; art criticism; aesthetics; 19th-century British art; fair comment.

МОДА, ИСКУССТВО И ХУДОЖЕСТВЕННАЯ ПРАКТИКА: ИСТОРИОГРАФИЯ ВЗАИМООТНОШЕНИЙ

The central theme of this research is a reflection on the evolution of philosophical ideas about the relationship between fashion and art, from its origins in the Age of Enlightenment to the present. The order of appearance of the first theories of fashion, linking fashion and art, their orientation traced. We investigated the evolution of these theories and the conditioning of the evolution by various social causes and intellectual trends. And we also followed up the transformation of fashion theories as an art form under the influence of contemporary artistic practices. The conclusion of the research: the relationship between art and fashion in the modern world is becoming stronger and stronger. The circle of issues that connect art and fashion in the modern world is quite wide, and it is constantly changing. One of the reasons for these changes is the alteration of the essential boundaries of contemporary art.

Analysis of Innovation in the Development of Chinese Language Education in Universities

In language teaching in colleges and universities, the teaching materials selected are both literary and artistic, and many of them are exemplary masterpieces recognized in China and abroad, which contain beautiful intentions, beautiful language, vivid images and noble ideals. Some articles move us, some verses shock us, some allusions make us feel, and some characters make us admire. Language teaching workers in colleges and universities should require themselves to be able to appreciate the beauty contained in these teaching materials, and then guide students to learn and feel. Therefore, teachers should not only aim at completing the teaching task, but also make students feel the charm of literature and art through language teaching, and gradually improve students' own literary literacy through the inculcation and cultivation of language teaching, so as to enhance the quality of humanities. The purpose of this paper is to discuss the development and innovation of language education in colleges and universities at this stage based on the background of humanistic quality cultivation. By analyzing the current situation of language education in colleges and universities, it focuses on how to achieve innovation and development in the field of language education in colleges and universities under the premise of guaranteeing the quality of education, so as to improve the students' humanistic literacy and the quality of talent cultivation.

Mute Painting: Deafness and Speechlessness in the Theory and Historiography of Dutch Art

The lives and careers of deaf and mute painters in the early modern Netherlands challenge the perception of disabled artists as self-taught outsiders and the assumption that a premodern experience of disability must have necessarily resulted in poverty and exclusion. Rather than approaching deafness and speechlessness as marginalizing “defects,” I propose to regard them as categories that allow us to reconsider how painting was understood in the seventeenth century. As part of that discourse, this article also examines the idea of sensory compensation, including its roots and impact on theory and historiography of art.

Feeling Is First

Within the fields of aesthetics and psychology, there is a long tradition of arguing that affect precedes cognition. A verbalized thought following upon a feeling and associated with it does not translate the feeling precisely or adequately. In fact, as C. S. Peirce would argue, the thought itself projects its own affect, which is independent of its logic. The essence of affect or feeling will always elude linguistic capture. This essay argues that experiences of belief and doubt are affective sensations, and both can be graphed on a scale of sensuous intuition or cognitive guessing (which, again, projects affect). The failure of language to grasp what we refer to as instances of emotion, feeling, sensation, affect, belief, doubt, and the like is more of an intractable problem for philosophical aesthetics than it is for the aesthetics of the art experience. Examples of the art of Cy Twombly, Barnett Newman, Donald Judd, Bridget Riley, and Katharina Grosse are invoked to argue through the gap between thought and feeling.

Film as Art: From Art Theory to Film Theory

This article uses the introduction of the book Film as Art, the definition and interpretation of the concept of “film,” the connotation and extension of “film art,” the necessity and possibility of “film art” research, etc. to analyze China’s important theoretical issues in the development of film theory are sorted out and reflected on. The article believes that in the context of globalization, the development of Chinese film theory faces many theoretical issues, such as the independent character of the theory itself, the relationship between theoretical research and creative practice, and the influence of socialist literary and artistic thought with Chinese characteristics on contemporary Chinese film creation and theoretical research. In this regard, the article puts forward some corresponding countermeasures. This article believes that only by adhering to the development path of socialist literature and art with Chinese characteristics and taking film as art as a basic principle can we promote the prosperity and development of Chinese film theory in the new era and can we better play the important role of Chinese films in the world cultural field.

Overwhelmed by beauty and faith: review on artistic and religious travelers' syndromes.

Traveling with the intention of encountering art or seeking purification of the spirit involves retribution of intangible nature and therefore can be expected to be a positive experience; nevertheless, among susceptible travelers, there is also a possibility of experiencing pathological conditions. Although it is colloquially known that beauty lies in the eyes of the beholder, it is necessary to mention that the appreciation of beauty, immensity, or mysticism contained in masterpieces is not perceived only through the eyes but through other sense organs as well. Additionally, this is understood within a cultural framework and through previous knowledge. The reaction triggers a series of somatosensory responses of diverse nature, with a wide range of responses that together constitute a pathological phenomenon that can be defined as syndromic by eliciting signs and symptoms of a physical, physiological, and psychotic nature. Both Stendhal and Jerusalem syndromes are travelers' syndromes that may occur in response to objectively aesthetic elements saturated with meaning linked to the cultural heritage of contemporary humanity. While Stendhal syndrome evokes physical and psychoemotional symptoms from the contemplation of art, Jerusalem syndrome goes beyond perception, adding delusions of being a religious or prophetic protagonist pursuing individual or collective salvation.

Nigerian Radicalism: Towards a New Definition via a Historical Survey

Abstract Recent military coups in West Africa have put the continent’s democratisation itself into question. In some places, for the moment, these coups appear to have popular backing. Nigeria, where radicalism is firmly rooted in democratic values and a human-rights framework, the radical grassroots opposition to the Buhari government’s creeping authoritarianism lies drenched in blood. The roots of this development go back to the history of Nigeria’s radicalism in the twentieth century. Much has appeared on the global 1968 recently, including that of Africa. 1970s/1980s-style radicalism is reappearing today with Omoyele Sowore’s 2018 presidential candidacy, with the African Action Congress party, the #EndSARS protests and the tragic Lekki Toll Gate massacre (2020) in Nigeria. The shift towards radicalism is palpable with protest music such as Falz’s This is Nigeria, and Burna Boy’s Monsters you Made, both explicitly targeting neocolonialism and police brutality. Contrary to Achille Mbembe’s sweeping dismissal of African radicalism, the movement with very deep roots under study is meaningful once again, and is gathering momentum in West Africa’s giant polity. This article applies Walter Benjamin’s and also Nigerian radical thinkers’ conceptualisation of political, social and artistic radicalism, while it frames the Nigerian version via the movement’s history, in which marxisant theory and praxis, feminism, human rights and pro-democracy movements interact with emancipatory strands of Islam, Christianity, Igbo Judaism, and animism. In the context of Nigerian radicalism, even expressly pro-capitalist art theory performs a radical social function by stressing the African’s right to make universal statements (Olu Oguibe) in its de facto defiance of the neo-colony. As these different strands of protest meet, ethnic uprisings (amongst them IPOB) find ways to establish common cause with social radicalism, posing a composite threat to the prebendalist oligarchy that rules and oppresses the country via a militarised neoliberalism.

“Grand Narratives” and “Personal Dramas”: (Re)reading the Masterpieces by Artemisia Gentileschi

This article discusses the œuvre of Artemisia Gentileschi, a prominent Baroque painter who was rediscovered by art historian Roberto Longhi in the 1910s. Today, her art is interpreted through various lenses, including art theory, women’s studies, and psychoanalysis. Gentileschi’s paintings are often “read” in close reference to her painful biography, with a focus on the “chiaroscuro” of trauma and its overcoming. Significantly, such biography-oriented approaches seem to be predominant in scholarship on art created by women. The argument presented is that Gentileschi’s works require a thorough re-reading free of “compulsive biographism”, as postulated by Salomon. The focus should shift from an empathic Einfühlung (or empathic projection) towards an objective analysis based purely on art-historical or sociological criteria. This article also explores the presence of the socially mediated and mediatised figure of the artist in fine literature (novels by Banti, Lapierre and Vreeland), cinematic biographies (Artemisia, directed by Merlet, documentaries (Artemisia Gentileschi: Warrior Painter, directed by River), anime (a series titled Arte, directed by Takayuki Hamana), and graphic novels (Ferlut and Baudouin; Siciliano). In this artistic constellation Artemisia is labelled as an art/feminist “icon”, a female genius, and as in numerous scholarly texts dedicated to her, “a victim”. I propose that the discussed literary and visual texts related to Gentileschi be interpreted as symptomatic (in line with Panofsky’s concept of ‘iconology’) of the contemporary mentality, which is filtered through feminist and subaltern thought.

Interpretation of the Problem of Educational use of Aesthetic Views of Eastern Thinkers in Pedagogical Research

The article discusses the issue of learning from the moral, aesthetic, didactic and philosophical views of Eastern thinkers, their research from a mystical, pedagogical, didactic, axiological point of view. Thoughts are expressed about the fact that our spiritual heritage, which has been preserved and developed over the centuries, serves as a program in the education of a perfect human being. This paper delves into the interpretation of the problem concerning the educational utilization of aesthetic perspectives from Eastern thinkers in pedagogical research. It addresses the growing interest in integrating Eastern philosophical aesthetics into educational practices and examines the challenges and opportunities associated with this endeavor. Drawing on a comprehensive review of existing literature, this study explores various Eastern philosophical traditions, such as Taoism, Confucianism, and Zen Buddhism, to elucidate their unique perspectives on aesthetics and education. Additionally, it critically analyzes the implications of incorporating these perspectives into pedagogical frameworks, considering factors such as cultural context, educational goals, and practical implementation strategies. By synthesizing insights from Eastern thought and contemporary educational theory, this paper offers valuable reflections on how educators can effectively leverage Eastern aesthetic views to enrich teaching and learning experiences in diverse educational settings. The findings contribute to a deeper understanding of the intersection between Eastern philosophy and pedagogy, paving the way for further research and practice in this burgeoning field.

Being and Nature. The Aesthetic Ecocentrism

This article aims to understand how design aesthetics can actively contribute to a more sustainable and resilient society. The methodology uses a tripartite analysis: literature review, case studies, and analysis of historical context. The literature review was supported by an analysis of the philosophy of aesthetics and sustainability, case studies through examples of the ideals of ecocentric aesthetics and historical research as an ethnographic observation of the emergence of activism and its socio-artistic repercussions. Ecocentric aesthetics is based on constructing an aesthetic language through sustainability, using “ugliness” to overcome social alienation by identifying beauty as the aesthetics of reception (mercantile pressure). Propose through formal innovation, an activist role escaping the social functionalization of hyper-industrially, promoting a more conscious and accessible society, and a new language and knowledge that promotes resilience and preservation of life.

GADAMER’S PHENOMENOLOGICAL AESTHETICS IN THE CONTEXT OF TIMBRE ANALYSIS OF TEXT

The article explores the phenomenological aesthetics of Hans-Georg Gadamer, specifically focusing on its application in the context of timbral text analysis. The study thoroughly investigates how Gadamer’s phenomenological perspective can enhance the understanding and interpretation of texts, by viewing them as intricate, multi-layered constructs that require analysis of their emotional and expressive elements. The authors delve into such fundamental concepts, as the fusion of the author’s and reader’s horizons, the hermeneutic circle, and the dynamic nature of these horizons within timbral analysis. A significant portion of the paper is dedicated to examining the role of historical context and personal preconceptions in the interpretation process. It underscores the importance of acknowledging historical and cultural horizons to achieve a comprehensive understanding of texts. The article presents an innovative approach to the interpretation of literary texts, merging Gadamer’s phenomenological aesthetics with timbral analysis techniques. This research redefines traditional text analysis methodologies by attempting to bridge the gap between philosophical aesthetics and practical text analysis. This work offers a novel perspective on text analysis and interpretation. The authors’ approach not only deepens the understanding of Gadamer’s phenomenology but also demonstrates its utility in text analysis. The study is poised to influence future research in text interpretation, encouraging a more nuanced and holistic approach that takes into consideration both the aesthetic and emotional components of texts, as well as the cultural and historical context in which they are embedded.

Feature Writing and Stylistics as Media for Local Branding: A Structural Hermeneutic Analysis

Feature writing is a typical journalistic product that contains a combination of news and opinion, with a storytelling style containing human interest and beautiful language. The art of feature writing is more widely understood in the context of entertaining and inspirational reading products rather than as a medium for promotion. The purpose of this study is to make a theoretical analysis to understand the art of feature writing by looking at the substance from the stylistic side that features are more than entertaining reading but are positioned as a medium for local branding. The results show that the morphology of feature writing is built on cohesion and imagery as the dominant elements of stylistics that support the delivery of meaning through the narrative structure. In conclusion, from a structural hermeneutic perspective, stylistic elements in feature writing not only build an entertaining discourse, but objective and informative, which implicitly promotes the locality as local branding.

Langer and the claim for the social value of art

Abstract Susanne Langer sees the ‘the public importance of art’ as one of ‘the ultimate questions in a philosophy of art’. Indeed, Langer is often referred to as an authority on the justification of art education and is cited as providing good reasons for incorporating the arts in the curriculum. It is therefore surprising to note, as Elliot Eisner does, that Langer’s theory has had little influence on actual art education. For while many theoreticians in the social sciences and education have found Langer’s contribution to the understanding of the arts highly significant, Eisner laments that ‘alas, the lesson Susanne Langer was trying to teach … in her remarkable book, never took hold in … American public schools’. It seems that policy-makers outside of art education circles remain sceptical regarding the need for art education. The substantiation of art education requires firm ground against scepticism. It is therefore important to understand the ways in which Langer’s project fails to fulfil its promise. In examining Langer’s aesthetic theory, I will show that despite its philosophical acuity, Langer’s argument fails to persuade the art education sceptic who believes that art occupies a minor role in education and should therefore remain marginal in the school curriculum.

CHROMATIC CHRONICLES: EXPLORING THE SYMBOLISM AND SIGNIFICANCE OF COLOR IN ANURAG KASHYAP'S FILMS

Filmmaker Anurag Kashyap is known for his unique and gritty approach to storytelling, which often explores the inner lives of individuals while also presenting the harsh realities of the world outside. Most notable aspects of Kashyap's cinematic approach are his dexterous use of color as a narrative instrument, visually assisting storytelling and conveying deeper meanings. This research paper investigates the significance of color in the films of Anurag Kashyap, concentrating on the analysis of five selected films: "Black Friday" (2004), "Dev. D" (2009), "Gulaal" (2009), "That Girl in Yellow Boots" (2010), and "Bombay Velvet" (2015). The purpose of this research is to investigate the color signature and symbolisms used in Kashyap's films, as well as analyze the significant use of primary colors in various scenes. By analyzing the specific color palettes and combinations utilized, the researcher will try to understand how Kashyap effectively employs colors to emphasize key moments and themes of his films. To justify the study’s objectives, qualitative content analysis methodology is employed, involving a systematic viewing and analysis of each film. Color occurrences will be recognized, coded, and categorized to reveal their symbolic meanings. A comparative analysis will be conducted to identify similarities and differences in the films' use of color. The results of this study will illuminate the aesthetic and narrative significance of color in Kashyap's filmmaking, explaining how color choices enrich the depiction of emotions, themes, and character dynamics. This research is significant because it reveals Kashyap's distinctive aesthetic philosophy via an examination of the symbolism embedded in his use of color. This study enriches our appreciation and interpretation of Anurag Kashyap's films by clarifying the symbolic representations and visual storytelling strategies he employs in them.