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Tag Archives: Max Delany

Science Friction @ Counihan Gallery

The Moreland Summer Show at the Counihan Gallery in Brunswick has the work by fifty-two artist who live, work or are otherwise connected to the area. The theme of the exhibition is “Science Friction” and that meant several flying saucers: Daniel Armstrong and Melinda Capp’s made of various found materials and Nadia Mercuri’s classic saucer in cast green lead crystal and blown glass.

UFOs are a barometer for the ignorant paranoid thinking about the idea of science and many of the artists in the exhibition were conflating the idea of science with industry and commerce. Moans and complaints about science do not generally make for good art or an engaging discourse. In his opening speech at the exhibition, senior curator of contemporary art at the NGV, Max Delany was kinder referring to the portrayal of the unthinkable and unsayable.

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Frances Tapueluelu, Technological Colonisation

Maybe if the word “technology” was used instead of “science” then the artist would have been less confused. Artists are familiar with technology, old technology, new technology, pushing technologies and exploring technologies. Frances Tapueluelu provided more balance and beauty in looking at the impact of communications technology on Tonga culture. Technological Colonisation is a magnificent headdress made of old mobile phones, keyboard keys, wires and plugs.

Many of the artists in the exhibition use technologies, from ancient to new. There are several video works. Ben Taranto’s beautiful one minute video loop, Blue Space, that turns the floor into a small pond with fish. Jenny Loft combines both old and new technology in When Mary met Ada, with a glass sculpture, cast using the ancient lost wax technique, mounted on a digital print of a computer chip.

Alister Karl keeps on pushing drawing in surprising directions and graphite can conduct electricity. So Karl has hooked up two batteries to a mix media drawing of a rocket adding a circuit board element, two LED lights and a small speaker.

For me the work that best captured the theme of the exhibition was a small oil painting by Saffron Newey. Mashed Romantic is a beautiful but unreal landscape mixing images from the visionary American painter, Thomas Cole and other painters. This mashed image reminds the viewer that the artist’s, or other observer’s image of nature are always artificial constructs, mashes of ideas and impressions.

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All Charges Dismissed

15 months after the police raid on Linden Gallery Magistrate Amanda Chambers dismissed all charges and ordered the police to pay costs. She was also critical of the police handling of the search warrant where they excised with a Stanley knife parts of Paul Yore’s installation.

Over those 15 months Paul Yore has continued to exhibit, except when his installation was removed from Sydney Contemporary 2013. He is currently exhibiting in Primavera 2014: Young Australian Artists at the Museum of Contemporary Art Australia in Sydney.

Paul Yore made a statement through his lawyer; ”Paul is glad to see the end of what has been a long and drawn out process. He would like to extend his heartfelt thanks to the legal team, namely Marita Altman, Neil Clelland QC and Rowena Orr. He is especially grateful for all of the support from his friends and family and the broader arts community, especially Juan Davila, Max Delany, Antonia Syme, Dr Juliette Peers, Callum Morton, Mikala Dwyer, Geoff Newton, Jason Smith and Jacob Oberman.”

The months of police investigation failed to look into the Australian Classification Board’s ruling on the installation. It was this ruling, that prosecution presented in its own evidence, that the exhibition was classified ‘Restricted’ that decided the case.

From the police’s perspective, what else could they do? They had a report of child pornography and they had a duty to investigate; a police officer who was an expert in art crime would have helped the investigation. However, using an artist’s career for purposes of clarification of a law is not an innocent activity and the police were not the only people involved. This case went past by multiple magistrates who should have asked questions rather than simply rubber stamp procedures.

The police clearly violated Paul Yore’s moral right for the integrity of his art by removing portions of it without his consent. When Detective Senior Constable Samantha Johnson of St. Kilda police was asked under cross examination by defence barrister Neil Clelland QC: “Who authorised you to remove the parts with a Stanley knife?”

Contable Johnson  replied; ’The Magistrate’

“Did you inform them on how you would remove the images?”

‘No.’

I do not expect that anything will be learnt by the police from this experience.

There have been many articles, and I’ve contributed my fair share, media spots and even a play, Wank created by James Hogan et. al. at The Bloomshed in April 2014, about the case. However, none of the most important question has been answered either by the court or in any of the articles: why was Paul Yore charged in the first place?


Paul Yore Trial Day Two

On the second day of the contested hearing of the charges of production and possession of child pornography against Paul Yore. Magistrate Amanda Chambers will decide if the case at 9:30am on 1st of October.

Mark Newman Delany, commonly known as Max Delany, the senior curator at the NGV had prepared a report for the court on Paul Yore and his art including the his installation at Linden Gallery. It was labelled defence exhibit #4.

Max Delany explained to the court about collage and assemblage. He explained that the crucial factor in collage is that the cut is obvious, that it is evident that it has been taken from one source and placed in a different context. That the cut does violence to the image, it is unnatural; by removing the the image from its context the image no longer functions according to the context. That advertising images in a collage do not function as advertising.

Max Delany was asked by the police prosecutor, Acting Sargent Kirei Wall about the artistic merit of the pieces of cardboard that the police had cut out with a Stanley knife. Max Delany told the court that they were not now part of Paul Yore’s art work and were in the context of a court of law. He would only comment on Paul Yore’s work as a whole and went on further about the artistic merit of Yore’s work. When he was asked would it have artistic merit if the art was made by anyone else, Max Delany replied: “This art couldn’t be made by anyone else.”

The magistrate then asked the very difficult question of what factors constitute artistic merit. Max Delany’s list: professional discourse and recognition, technical and formal qualities, conceptual and historical qualities, poetic (creating new meaning in the everyday) and context.

Summing up the case for the defence barrister Neil Clelland asked the court if the material constitutes child pornography at the time that it was part of the installation, Everything is Fucked, between the 14th and 17th of May. Clelland made arguments about how images are produced and how they depict.

What is it to produce an image and how is this different from making art. That the artist does not produce the images in a collage but does make the collage.

What is it for an image to depict and that this does not depend on intent or that it is perceived as but that it is seen as depicting by a reasonable observer.

The police prosecutor, Acting Sargent Kirei Wall argued that Australian Classification Board only classified the submission on Paul Yore’s installation and not the whole installation. She also argued that the children were hurt because their images were included without their permission and that their photo was placed with a photo of adults in sexual poses or a sexual context without respect for their rights and reputation.


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