For Background Purposes: Prep for an Artist Interview

May 23, 2023

Atreya Mathur and the Center for Art Law Team

Before the Interview:

About Yayoi Kusama and collaborations with Louis Vuitton

Yayoi Kusama, a Japanese artist, has dedicated over six decades to the creation of art. At nearly 94 years of age, Kusama is widely acknowledged as one of the most accomplished living artists.^[1] Renowned globally, she possesses a distinctive and captivating visual style that has mesmerized audiences. Exhibiting her works internationally, Kusama’s art embraces vibrant colors, geometric forms, and repetitive patterns. Furthermore, she incorporates performance and multimedia elements into her pieces, heightening their impact and allure. Themes explored within her works encompass repetition, infinity, and the interconnectedness of existence.^[2]

The “infinity room” stands as one of Kusama’s most renowned creations, enveloping viewers within a mesmerizing realm of mirrors and lights that seemingly stretches into infinity. Additionally, her distinctive use of the polka dot motif permeates various mediums, ranging from paintings and sculptures to fashion. Kusama’s artistic expression is profoundly shaped by her personal battles with mental illness, specifically hallucinations and obsessive-compulsive disorder. Through her art, she finds solace and employs it as a therapeutic outlet to navigate and manage her condition.^[3]

During the 1950s and 1960s, Kusama garnered recognition as an integral part of New York’s avant-garde art scene. Throughout her career, she has consistently produced remarkable works that have been showcased in prestigious museums and galleries worldwide.^[4] As a result, Kusama has emerged as one of the most influential and iconic Japanese artists of the 20th and now the 21st century.^[5] Yayoi Kusama Museum operates in Tokyo under the management of with Yayoi Kusama Foundations (est. 2017). Kusama, represented by important galleries in the United States, Europe and Japan have facilitated her work and over the years, Kusama enjoyed several important collaborations from garments and design products to installations that have traveled around the world.

In 2012, Yayoi Kusama and Louis Vuitton embarked on their first collaborative journey that proved to be immensely successful. This partnership resulted in the creation of a special collection that showcased Kusama’s distinctive artwork. The collection featured an array of clothing, accessories, and home décor items adorned with her iconic polka dots. The collaboration garnered significant attention and acclaim, establishing itself as one of the most triumphant unions between an artist and a fashion house.^[6]

The remarkable achievements of the Kusama-Louis Vuitton collaboration played a pivotal role in introducing the artist’s works to a broader audience. Consequently, Kusama’s creations have become an integral part of the fashion house’s collections and promotional campaigns. Ten years later, LV and Kusama joined forces again painting the world from Paris to New York, Tokyo and Zurich in polkadots.

Concerns from the artist community

In early January 2023, Louis Vuitton unveiled the initial release of their latest collaboration with Yayoi Kusama. Dubbed the “Creating Infinity” collection, it encompasses an extensive range of products, including over 450 bags, perfumes, accessories, and shoes. The “Creating Infinity” collection has placed a strong emphasis on social media-friendly marketing strategies. At Louis Vuitton’s Fifth Avenue store in New York as well as at the Place Vendôme location in Paris, one could witness an animatronic mannequin resembling the artist, complete with her trademark bob hairstyle and smock dress, painting dots onto the shop windows. (See HERE.) Additionally, fashion model, Bella Hadid, took center stage in the collection’s advertisements, further amplifying the buzz surrounding the collaboration.

The project however faced significant criticism, particularly with regard to accusations of exploiting Yayoi Kusama for financial gain and commercializing her artistic legacy.^[7]

Use of Kusama’s Image:

The use of Yayoi Kusama’s face and body as a prominent aspect of the collaboration has sparked comments, questions and at times debate. Carrie Scott, an American/English curator and gallery director voiced her apprehensions on Instagram, expressing concerns about the project “objectifying and commodifying an Asian woman’s body.” The robotic figures employed for promotional purposes, as mentioned by Scott, are essentially akin to store mannequins. Additionally, some critics have criticized the promotional image of Kusama, arguing that it potentially perpetuates ageism by not accurately reflecting the artist’s true age. These criticisms shed light on the ethical dimensions of the collaboration, particularly in terms of representation, commodification, and ageism.^[8] The debate highlights the importance of considering how an individual’s identity and physical appearance are used in the context of commercial ventures, as well as the potential impact on broader societal perceptions.

Commercial and exploitative:

The marketing tactics employed for ‘Creating Infinity’ has also drawn criticism from some perceiving them as “distastefully commercial.”^[9] The perception of the collaboration as a “money grab” stems from the belief that the marketing efforts and product extensions veer towards excessive commercialization.^[10] It raises questions about the integrity of the artistic collaboration and the balance between artistic expression and profit-driven motives.^[11]

Consent:

Yayoi Kusama’s personal history includes voluntarily residing in a Japanese psychiatric hospital following a suicide attempt in the 1970s. Throughout her life, Kusama has grappled with mental health challenges and vivid hallucinations, which are believed to have influenced her affinity for repetitive dot patterns. Concerns have arisen regarding the level of genuine involvement and consent from Kusama in this particular project. In addition to her health, the artist’s advanced age prompts questions about the timing and rationale behind the 2023 collaboration. These observations and queries raise concerns regarding Kusama’s well-being, agency, and motivations.^[12] They draw attention to the potential exploitation or undue influence that may arise when collaborating with an artist who has faced significant mental health challenges and is at an advanced age. The concerns prompt reflection on the ethical considerations surrounding such collaborations and the need to ensure that artists’ interests and well-being are appropriately respected. What constitutes an artist’s interest at such a respectable age is surely answered in different ways for each artist. As artists age, like anyone else, their ability to communicate their interests may change and estate planning and legacy questions are better answered by individuals at their earlier life stages.

Kusama herself rarely grants interviews or appears in public, leading many commentators to question the intentions of her studio and the potential exploitation involved. As a general rule, power of attorney, or conservancy may need to be established over individuals who may become incapacitated and local laws govern laws of conservatorship (etc). Kusama is represented by attorney Yoshifumi Onodera in Japan, and is represented by the David Zwirner Gallery in the United States since 2013. Kusama is also represented by Victoria Miro in London and Ota Fine Arts. Duties of dealers outside the United States are subject to local jurisdictions; however, according to the domestic legislation, dealers are agents of artists and owe duties to their artists. Therefore they must act as her agents, in her best interest. More recently, the David Zwirner gallery in New York opened a new exhibition in May 2023 named after three monumental flower sculptures, each titled I Spend Each Day Embracing Flowers. A personal message from Kusama (almost a poem) is quoted on the occasion of the show:

“I’ve Sung the Mind of Kusama^[13]

Day by Day,

a Song from the Heart.

O Youth of Today,

Let Us Sing Together a Song from

the Heart of the Universe!”

Yayoi Kusama 2023

For the 2023 LV collaboration, The Wall Street Journal reported that the fashion house collaborated closely with Kusama and her studio for over a year, suggesting a level of involvement and consent from the artist or his agents.^[14] The question of whether this collaboration is exploitative is complex. Who has the authority to speak on behalf of Yayoi Kusama and is appropriate to criticize her for capitalizing on her fame, assuming that is her intention? Given past collaborations and larger than life personality, this larger than life campaign might be just what the artist ordered. The optics surrounding this particular collaboration, one in a series (Think about Takashi Murakami (early 2000s), Jeff Koons (2017), Stephen Sprouse(2001), and Richard Prince (2008)), challenge the boundaries between art, commerce, and personal agency.^[15]

According to Vogue India, “I have been making my clothes since I was a teenager. I also ran a fashion company in the 1960s. At that time, fashion and art were two completely different genres, but I have never made a distinction between them. I don’t think of them as separate because that way I can explore new fields,” she explains.”^[16]

Nevertheless, despite the intentions behind it, the experience of encountering the Kusama robot is described as both “fascinating and discomforting.” Its impact lies not in its deliberate artistic expression but in its role as a marketing gimmick. Its “garish primary colors and uncanny robotic presence” provoke strong reactions and have caused public concern.^[17]

Overall, the controversy surrounding this collaboration underscores the intersection of art, business and public perception, evoking mixed emotions and varied interpretations among observers.^[18] It also questions “controversial” brand collaborations with artists and other organizations including high end fashion companies as a way for artists to make money.^[19] Jerry Gogosian took to Instagram to ask why “pumping out a line of handbags” would be a priority for the nonagenarian.^[20] On January 9 Jerry along with Matt Capasso discussed the concerns of the Kusama x LV collaboration on a podcast titled Art Smack (Episode 9).

After the interview:

Issue of bots and trolls on social media: What they are and what to do

Social media platforms like Instagram and Twitter have been increasingly plagued by the presence of automated fake accounts known as “bots.”^[21] These bots, operated by software rather than real individuals, have contributed to the spread of misinformation and spam messages, prompting calls for action.^[22] Identifying these bots can be done by recognizing certain patterns, such as the absence of a profile picture or the use of suspicious usernames with numbers, accompanied by a low number of posts and followers.^[23]

On Instagram, bot activity often involves spam comments urging users to interact with malicious links or promoting deceptive offers. The Terms of Use specifically state “You can’t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.” Most Instagram bots access Instagram’s API (the connection that allows a service such as Later to communicate with the Instagram app) without permission.^[24] As stated in Instagram’s Terms of Use, this is a strict violation: “You must not access Instagram’s private API by means other than those permitted by Instagram. Use of Instagram’s API is subject to a separate set of terms.”

Similarly, on Twitter, bots frequently impersonate individuals with strong musical or political opinions, flooding reply threads with repetitive and sometimes offensive messages. The Terms of Use also address automation and state that “You may only take automated actions through another Twitter user’s account if you: clearly describe to the user the types of automated actions that will occur; receive express consent from the user to take those automated actions; and immediately honor a user’s request to opt-out of further automated actions.” Twitter also has a platform manipulation and spam policy that states “You may not use Twitter’s services in a manner intended to artificially amplify or suppress information or engage in behavior that manipulates or disrupts people’s experience or platform manipulation defenses on Twitter” making it a violation to use bots for such purposes.

While these bots may appear as mere annoyances, they have been linked to more serious issues like election interference^[25] and the dissemination of false information during pandemics.^[26] Using bots to silence critical commentary raises concerns about infringing on the right to freedom of expression and speech. The implication of silencing individuals through the use of bots would possibly prevent individuals including artists from sharing information and experiences such as the discourse on Kusama. Such topics need to be addressed in regards to artists rights and ensuring protection of other artists who may be in similar situations. It is difficult to trace the origin of these bots and the companies or organizations responsible for it.^[27]

Instagram killed off thousands of spambots in an attempt to curb the number of bots on the platform which resulted in the loss of hundreds and thousands of followers for users which highlights the severity of the issue and the mass use of bots. The response to this was not as positive as one would think it would be.

The primary motivation behind the existence of general bots on social media platforms is to manipulate engagement metrics and create artificial popularity.^[28] Detecting social media bots has become increasingly challenging due to advancements in Artificial Intelligence, enabling bots to imitate human-like language and behavior. Who is behind the bots? Are they self-proliferated? This poses a significant problem for users on the platform as it becomes harder for them to distinguish between genuine accounts and bots and to decide whom to engage with.^[29]

And as toxic as social media can be with harassment and bullying by humans, trolls and bots make it worse. A troll is different from a bot because a troll is a real user, whereas bots are automated. The two types of accounts are mutually exclusive. Both automated bot accounts and trolls can easily distort the image or reputation of your company on social media by tweeting or commenting fake news.

Distinguishing between bots and trolls is important as they have different characteristics. RoBhat Labs defines political propaganda bots as automated accounts that spread polarized misinformation on Twitter. To identify bots, there are several signs to look out for:

1. Frequency of posting: Bots tend to post a large number of tweets per day. Check the account’s profile page and calculate the average number of tweets divided by the number of days the account has been active. If the account is tweeting hundreds of times per day, it’s likely a bot.^[30]
2. Relentless behavior: While both bots and trolls can behave badly, bots are often relentless. They continuously post without giving up or stopping, this non-stop activity may indicate a bot.^[31]
3. Initial behavior: Bot profiles often start by aggressively promoting ideas or products. Examining the earliest tweets of an account can reveal a pattern of relentless promotion.^[32]

Differentiating between trolls and bots can be challenging. Online tools such as Botcheck.me, a Chrome extension utilizing machine learning, can assist in identifying bots.^[33]

Dealing with trolls and bots

Those using Instagram and Twitter, professionally or recreationally, with public profiles could come into contact with bots and trolls if they write about sensitive, for any reason, topics. Dealing with trolls requires logic and a philosophical approach rather than relying solely on technology or private law. When facing such an issue online, after confirming the absence of bot-like behavior, consider the other person’s intentions. Are they arguing in bad faith, seeking to score points or make you feel bad? Assess the bot’s profile and their past interactions and determine if they consistently engage in such behavior. It’s important to be mindful of time and mental well-being when addressing trolls.^[34] Trolls often travel in packs and may be supported by bots.^[35] They rely on intimidation tactics, such as relentless commenting and messaging, using harsh words, but one has the power to choose how and when to engage. One option is to utilize the mute and block features as necessary to maintain control over online interactions. While some people find enjoyment in arguing, engaging with bots or trolls may not be productive in the long run. The purpose behind bots is often to create divisions and amplify echo chambers of ideas. It’s important to consider the larger consequences and effects of arguing with these entities.^[36]

Are bots illegal?

Instagram bots are legal when they comply with the Instagram Platform Policy. Otherwise, particular types of Instagram bots (like follow bots and like/comment bots) violate Instagram’s terms and can be shut down because they result in fake Instagram followers, fake likes, and sporadic bot activity.^[37] If an individual is experiencing harassment or bullying via such bot accounts, this can be reported to Instagram. These bots are usually against the policies of Instagram but are not illegal.^[38]

Addressing the issue of social media bots is complex and does not have a straightforward solution. A bit like a Whac-A-Mole… It is crucial for individuals to educate themselves on how to protect against fake and fraudulent accounts. In addition to personal efforts, there is a need for social media companies to take more significant action to combat bots on their platforms. This includes updating their detection methods to adapt to evolving bot behavior. Users of social media platforms including artists and creatives use these platforms as a medium of expression– to share their art, their thoughts, their views on the world and engage in meaningful conversations about the art world and beyond. It becomes important to ensure that such creativity and freedom is respected and artists are not silenced or intimidated to speak and express freely.

Consulted Sources:

1. Englefield, Jane, Eight key collaborations and projects by contemporary artist Yayoi Kusama, de zeen (Jan. 20, 2023) available at https://www.dezeen.com/2023/01/20/collaborations-projects-yayoi-kusama/ , also see https://crfashionbook.com/culture-a36064254-yayoi-kusama-fashion-art/ ↑
2. WHO IS YAYOI KUSAMA?, TATE, available at https://www.tate.org.uk/kids/explore/who-is/who-yayoi-kusama ↑
3. Yayoi Kusama at WNDR Museum, WNDR (Mar.28, 2023) available at https://wndrmuseum.com/experience-kusama-at-wndr/ ↑
4. Yayoi Kusama, Biography, David Zwirner, available at https://www.davidzwirner.com/artists/yayoi-kusama ↑
5. Yayoi Kusama at WNDR Museum, WNDR (Mar.28, 2023) available at https://wndrmuseum.com/experience-kusama-at-wndr/ ↑
6. Ledesma, Jose, The Art of Yayoi Kusama: Exploring the collaboration with Louis Vuitton (Feb, 26, 2023) available at https://www.joseluisledesma.com/the-art-of-yayoi-kusama-exploring-the-collaboration-with-louis-vuitton/ ↑
7. Frankel, Eddy, We saw the Yayoi Kusama robot at Louis Vuitton and it’s terrifying, Timeout (Jan. 24, 2023) available at https://www.timeout.com/london/news/we-saw-the-yayoi-kusama-robot-at-louis-vuitton-and-its-terrifying-012423 ↑
8. Babbs, Verity, Cause for Concern? Louis Vuitton x Yayoi Kusama Collaboration, Artscapy, available at https://artscapy.com/page/view-post?id=168 ↑
9. Frankel, Eddy, We saw the Yayoi Kusama robot at Louis Vuitton and it’s terrifying, Timeout (Jan. 24, 2023) available at https://www.timeout.com/london/news/we-saw-the-yayoi-kusama-robot-at-louis-vuitton-and-its-terrifying-012423 ↑
10. Frankel, Eddy, We saw the Yayoi Kusama robot at Louis Vuitton and it’s terrifying, Timeout (Jan. 24, 2023) available at https://www.timeout.com/london/news/we-saw-the-yayoi-kusama-robot-at-louis-vuitton-and-its-terrifying-012423 ↑
11. Babbs, Verity, Cause for Concern? Louis Vuitton x Yayoi Kusama Collaboration, Artscapy, available at https://artscapy.com/page/view-post?id=168 ↑
12. Babbs, Verity, Cause for Concern? Louis Vuitton x Yayoi Kusama Collaboration, Artscapy, available at https://artscapy.com/page/view-post?id=168 ↑
13. ‘Kusama’ in Japanese means, day and/or sun, see https://culturetour.net/japanese-last-names/kusama9186 ↑
14. Frankel, Eddy, We saw the Yayoi Kusama robot at Louis Vuitton and it’s terrifying, Timeout (Jan. 24, 2023) available at https://www.timeout.com/london/news/we-saw-the-yayoi-kusama-robot-at-louis-vuitton-and-its-terrifying-012423 ↑
15. Frankel, Eddy, We saw the Yayoi Kusama robot at Louis Vuitton and it’s terrifying, Timeout (Jan. 24, 2023) available at https://www.timeout.com/london/news/we-saw-the-yayoi-kusama-robot-at-louis-vuitton-and-its-terrifying-012423 ↑
16. Zamindar, Shriya, Inside Louis Vuitton’s viral collaboration with Yayoi Kusama, Vogue India (Jan. 19, 2023) available at https://www.vogue.in/fashion/content/inside-louis-vuittons-viral-collaboration-with-yayoi-kusama#:~:text=Louis%20Vuitton%20has%20created%20a,hits%20one%20after%20the%20other ↑
17. Segalovich, Isabella, The Uncanny Valley of Louis Vuitton’s Yayoi Kusama Collection, PRINT (Feb. 13, 2023) available at https://www.printmag.com/design-criticism/the-uncanny-valley-of-louis-vuittons-yayoi-kusama-collection/ ↑
18. Frankel, Eddy, We saw the Yayoi Kusama robot at Louis Vuitton and it’s terrifying, Timeout (Jan. 24, 2023) available at https://www.timeout.com/london/news/we-saw-the-yayoi-kusama-robot-at-louis-vuitton-and-its-terrifying-012423 ↑
19. Babbs, Verity, Cause for Concern? Louis Vuitton x Yayoi Kusama Collaboration, Artscapy, available at https://artscapy.com/page/view-post?id=168 ↑
20. Id. ↑
21. Social media has a bot problem, THE ALESTLE (Jul. 21, 2021) available at https://www.alestlelive.com/opinion/article_b95367da-e96b-11eb-ae0c-cb6db8f80f05.html ↑
22. How Online Bots Spread Fake News, Young Scot (Dec. 2022) available at https://young.scot/get-informed/ysdigiknow-fake-news-bots/; also see https://www.sciencedirect.com/science/article/abs/pii/S0140366422003711 ↑
23. See more here https://www.jeffbullas.com/instagram-bots/ ↑
24. See more at https://later.com/blog/instagram-bots/ ↑
25. Metz, Cade, Twitter Bots Poised to Spread Disinformation Before Election, New York Times (Oct. 29, 2020) https://www.nytimes.com/2020/10/29/technology/twitter-bots-poised-to-spread-disinformation-before-election.html ↑
26. Himelein-Wachowiak M, Giorgi S, Devoto A, Rahman M, Ungar L, Schwartz HA, Epstein DH, Leggio L, Curtis B. Bots and Misinformation Spread on Social Media: Implications for COVID-19. J Med Internet Res. (May 20, 2020) available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8139392/ ↑
27. See more https://towardsdatascience.com/trolls-and-bots-are-disrupting-social-media-heres-how-ai-can-stop-them-d9b969336a06; https://niccs.cisa.gov/sites/default/files/documents/pdf/ncsam_socialmediabotsoverview_508.pdf?trackDocs=ncsam_socialmediabotsoverview_508.pdf; see examples of comments https://www.reddit.com/r/Instagram/comments/oy3ez4/holy_fuck_can_we_get_rid_of_these_art_bots_scammy/; https://www.nytimes.com/2017/06/06/business/media/instagram-bots.html; https://cointelegraph.com/news/community-calls-out-bots-spamming-crypto-twitter-threads ; ↑
28. Nelson, Noah, Bot or Bully? How To Tell And What To Do About It YR media (2018) available at https://yr.media/tech/how-to-tell-if-youre-dealing-with-a-twitter-bot-or-a-bully-and-what-to-do-about-it/ ↑
29. Id. ↑
30. Id. ↑
31. Id. ↑
32. Id. ↑
33. Nelson, Noah, Bot or Bully? How To Tell And What To Do About It YR media (2018) available at https://yr.media/tech/how-to-tell-if-youre-dealing-with-a-twitter-bot-or-a-bully-and-what-to-do-about-it/ ↑
34. Id. ↑
35. How to deal with trolling, bots and fake accounts, available at https://usa.kaspersky.com/resource-center/preemptive-safety/how-to-deal-with-trolling-bots-and-fake-accounts; also see https://link.springer.com/article/10.1007/s13347-023-00640-9 ↑
36. Nelson, Noah, Bot or Bully? How To Tell And What To Do About It YR media (2018) available at https://yr.media/tech/how-to-tell-if-youre-dealing-with-a-twitter-bot-or-a-bully-and-what-to-do-about-it/ ↑
37. See more here https://manychat.com/blog/how-to-build-an-instagram-bot/#:~:text=Are%20Instagram%20bots%20legal%3F,likes%2C%20and%20sporadic%20bot%20activity. ↑
38. Nambakhsh, Cyrus, Are Instagram Bots Illegal to Use? What Are the Solutions?, socialpros (2020) https://socialpros.co/are-instagram-bots-illegal-to-use-what-are-the-solutions/ ↑