Brancusi’s Bird in Space in Steichen’s Studio, Umpawang by Edward J. Steichen

Provenance:
Christie’s, auction, New York, 27 April 2004, lot 44
Estate of Robert Noakes

No ordinary photograph, the sculpture in this picture brought about a lawsuit which would establish a new legal standard for defining art. The case, "Brancusi vs. the U.S.", began when Edward Steichen purchased the bronze sculpture "Bird in Space" from Brancusi and sought to ship it from Paris to New York. Since it was an artwork, it should have been exempt from duties at U.S. customs. However, a customs agent mistakenly identified it as a kitchen utensil, leading Steichen to pay $200 in duties to avoid abandoning the piece. When Steichen shared this story with his friend, Mrs. Harry Payne Whitney, she was outraged and decided to finance his lawsuit to defend the artwork and the broader definition of what constitutes art. Ultimately, Steichen won the lawsuit.