• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Opinion image/svg+xml 2021 Timothée Giet I am not a Fan: Museums Acting and Reacting to Public Opinion
Back

I am not a Fan: Museums Acting and Reacting to Public Opinion

July 15, 2015

Magritte, "C’est ci ne pas un Pipe."

By Irina Tarsis, Esq.

Self-censorship by museums is a dangerous trend. In the July/August issue of The Art Newspaper, Maurice Davies, of the Museum Consultancy and senior research fellow in the Department of Management at King’s College London, explores several instances in recent history where museums worldwide engaged in self-censorship to the detriment of the public. On this humid summer day, we ask, shouldn’t museums leave self-censorship to artists and trigger-happy public? Museums focus so much of their attention on self-censorship, yet leave other areas of museum administration exposed. Self-assessment should occur across all aspects of museum administration, such as encouraging provenance research, decreasing disparity in staff compensation and developing best practices for borrowing and lending art works. Otherwise it seems that museums tend to fight tooth and nail over keeping contested art works in their collections, in efforts that are more costly than brainstorming creative solutions to attract visitors to the exhibition halls or address historical and social injustices.

Screen Shot 2015-07-10 at 2.25.02 PMWhereas Davies’ article focuses on self-censorship due to security fears, and controversial material that includes nudity, racial, or political representations, the recent public outcry against “Kimono Wednesdays” in front of the 1876 Claude Monet’s “La Japonaise/Camille Monet in Japanese Costume” at the Museum of Fine Art collection in Boston is but another instance where public outrage is misplaced as more important issues remain overlooked. What is truly shocking is that there are plenty of outrageous art-related displays that deserve the flagellation of the public. Somehow these manifestations do not encounter the same adamant resistance, leave little impact on museums, yet tend to be more offensive.

“In an episode that speaks volumes about cultural institutions, ethnic sensitivity, and the power of protest in the digital age, the Museum of Fine Arts is hastily pulling back on an event that protesters labeled a latter-day form of racist minstrelsy.” [From the editor: “Minstrelsy – a 19th century form of entertainment developed in the US that included musical, comic and variety acts performed by either white people in blackface or by black people.] Thus begins just one of dozens of articles, this by The Boston Globe staffer, Malcolm Gay, on the topic of the failed experiment at interactivity at the Boston Museum of Fine Arts (the “MFA”) involving a kimono dress-up in front of a Monet portrait.

The irony of the situation of course is that this very same Monet painting recently returned from an exhibit in Japan, entitled “Looking East: Western Artists and the Allure of Japan” where “historically accurate reproduction kimonos were made for visitors to try on.” Yet, a similar program at the progressive Massachusetts museum faced an exceedingly critical public reaction from concerned visitors and activists. The MFA chose to diffuse the controversy by canceling the dress-up element of the display instead of using this opportunity to tackle the misconceptions surrounding the idea of cultural appropriation.

Monet "La Japonaise (Camille Monet in Japanese Costume)" (1876). On View a MFA (56.147).
Monet “La Japonaise (Camille Monet in Japanese Costume)” (1876). On view at MFA (56.147).

The decision to scrap the benign kimono project is disturbing because museums are meant to be educational forums where different manifestations of creativity and creative types inform the public about the past and safeguard it for the future. It is universally accepted that artists frequently explore and borrow ideas and iconography from different cultures and other artists. Just as Eastern Art experimented with “Western” conventions of painting landscapes to show perspective and integrated Western dress into portraiture, artifacts of Asian, African, South American art and culture, including fans, kimonos, masks, patterns, ceramics, etc. were and continue being frequently incorporated themes in Western artworks, with varying success.

What was the intent of the MFA in allowing visitors to try a kimono? To offend? To discriminate? Unlikely. The Museum is open for free on Wednesday nights to be accommodating and inclusive. Making kimono available on Wednesday nights for photo-ops in front of a festive 19th century Impressionist painting was anything but racist. By allowing their visitors to don a replica kimono, the MFA probably wanted to capitalize on social media use in museums. Even the White House, lifted its ban of taking photos on the tours, arguably recognizing that the technology and the inexplicable need to snap pictures with one’s phone at every turn, on every tour and in every location, will happen whether they are banned or not.

The lesson learned from the MFA bungle, is perhaps what is fashionable is not always classy. Davies concludes his article with a suggestion that “museums could push at the edges of the law” and they should help address difficult contemporary events and social divides rather than shy away from this role. In instances such as the “Kimono Wednesdays”, we counsel museums to be more discriminating in handling public reactions. On the house.

Select Sources:

  • Maurice Davies, “Self-censoring museums have to be Brave,” The Art Newspaper (July/Aug 2015), 40.
  • Malcolm Gay, “MFA recasts kimono days after complaints of stereotyping,” The Boston Globe (Jul. 7, 2015), available at https://www.bostonglobe.com/lifestyle/style/2015/07/07/mfa-backs-down-over-kimono-event-response-protests/lv9NHcnpW0lsRE77d9hvkI/story.html
  • MFA Press Release, [July 2015] http://www.mfa.org/news/2015/july
  • Casey Quackenbush, “MFA Boston Cancels Kimono Dress Up After Allegations of Racism,” Observer (July 9, 2015)
    available at http://observer.com/2015/07/mfa-boston-cancels-kimono-dress-up-after-allegations-of-racism/#ixzz3fyHO8zjY
  • Jeff Michael Hammond, “How Japan’s art inspired the West,” The Japan Times (n.d., 2014) available at http://www.japantimes.co.jp/culture/2014/08/14/arts/how-japans-art-inspired-the-west/#.VaZxiJNViko

About the Author: This editorial is by Irina Tarsis, art lawyer and Founder and Director of Center for Art Law.

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous Whois Gurlitt.info?
Next Art Price Indices: Op Ed

Related Art Law Articles

center for art law AI what digital repatriations could look like against the illusion the limits of digital repatriation in restitution debates
Art lawOpinion

Against the Illusion: The Limits of Digital Repatriation in Restitution Debates

December 8, 2025
Fog Museum Center for Art Law Article
Art lawArt Law HistoryOpinion

Three works from the Harvard Art Museum: How I Introduced Art Law to Educate Visitors

July 22, 2025
Art Law HistoryOpinion

SOLD OUT: Not so Soft and not so Subtle Art of Capitulation

July 18, 2025
Center for Art Law
What the Heck is Copyright (2)

What is Copy, Right?

Annual Conference

2026 edition explores Visual Art, AI, and the Law in the 21st Century.

 

Early Bird Tickets Available
Center for Art Law

Follow us on Instagram for the latest in Art Law!

Check out our recent article by Lauren Stein revie Check out our recent article by Lauren Stein reviewing Amy Werbel’s "Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock." Werbel's book showcases a portrait of Anthony Comstock, America’s first professional censor, a man obsessed with purity and self-control who regarded masturbation as a sign of moral corruption. 

Read more about this public figure and Werbel's telling of his life including the impact he had on the US's early attempts to curtail desire in the decades before World War I, in Lauren's review. 

 📚 Click the link in our bio to read more! 

#centerforartlaw #artlaw #artlawyer #lawyer #legalresearch #bookreview #censorship #artistissues
One of our interns, Jacqueline, stopped by the Mor One of our interns, Jacqueline, stopped by the Morgan after the blizzard to catch their exhibition, “Caravaggio’s Boy with a Basket of Fruit in Focus." In partnership with the Foundation for Italian Art and Culture (FIAC) and on loan from the Galleria Borghese in Rome, this is the first time in decades that Caravaggio's early masterpiece has come to the United States. 

"The Morgan is just two blocks away from my university, the Graduate Center. The library and museum have been a rich resource for me, representing an institution that honors the rich legacy of its collector, while also maintaining exciting rotating exhibitions," Jacqueline said. 

The painting is in conversation with other works by those who influenced Caravaggio and those he subsequently inspired. The exhibition's sparkling 3-month run comes to a close April 19.

📚 Check out more information on the exhibition using the link in our bio!

#centerforartlaw #artlaw #artmuseum #caravaggio #themorgan #nyc #artlawyer #legalresearch
Check out our upcoming bootcamp on Artist-Dealer R Check out our upcoming bootcamp on Artist-Dealer Relations, now available online!!

Center for Art Law’s Art Lawyering Bootcamp: Artist-Dealer Relationships is an in-person, full-day training aimed at preparing lawyers for working with visual artists and dealers, in the unique aspects of their relationship. The bootcamp will be led by veteran attorneys specializing in art law.

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to the main contracts and regulations governing dealers' and artists' businesses. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in the specificities of the law as applied to the visual arts.

Bootcamp participants will be provided with training materials, including presentation slides and an Art Lawyering Bootcamp handbook with additional reading resources.

Art Lawyering Bootcamp participants with CLE tickets will receive New York CLE credits upon successful completion of the training modules. CLE credits pending board approval.

🎟️ Grab tickets using the link in our bio!

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #artistdealer #CLE #trainingprogram
Join us on May 27 for the highly anticipated Art L Join us on May 27 for the highly anticipated Art Law Conference 2026, held at Brooklyn Law School and Online (Hybrid). Entitled “What is Copy, Right? Visual Art, AI, and the Law in the 21st Century,” this year’s conference explores the evolving relationship between visual art, copyright law, and artificial intelligence.

Our event will feature a series of dynamic panels, each offering invaluable insights into the rapidly shifting landscape of art and copyright law. Together, let’s trace the impact of copyright law on visual arts, examine the U.S. Copyright Office’s landmark reports on AI, and contemplate the future of licensing in a world where registration is no longer enough.

In addition to substantive portion of the day, our conference with feature exhibitors and a silent auction aimed at raising funds to support Center’s Summer Internship program and bolster our efforts to provide accessible and affordable legal resources to the artistic community.

🎟️ Find more information and grab your tickets using the link in our bio! 

#artlaw #centerforartlaw #artlawyer #legalresearch #copyrightlaw #artcopyright #copyright #ailaw #artlawconference #nyu
Check out the newly released podcast episode! Andr Check out the newly released podcast episode! Andrea and Paris speak with Elysia Borowy, Executive Director of the Rema Hort Mann Foundation, Christy Ceriale, founder of the foundation’s Young Collectors Initiative, and Antonio Vidal, one of the recipients of the 2026 Emerging Artist Grant.

Through these three perspectives, they explored the inner workings of one of New York’s most prominent art foundations, hearing firsthand about the realities of running a philanthropic arts organization, building a career as a working artist, and navigating the world of collecting as a young person in the city.

Founded in 1995, the Rema Hort Mann Foundation supports both emerging visual artists and individuals battling cancer, providing grants and resources at pivotal moments in their lives and careers. 

🎙️ Click the link in our bio to listen anywhere you get your podcasts! 

#centerforartlaw #artlaw #artlawyer #legal #research #podcast #legalresearch #newepisode #artmarket
Join the Center for Art Law on April 30th in conve Join the Center for Art Law on April 30th in conversation with author and prosecutor Adena J. Bernstein as she examines the legal and ethical complexities surrounding the restitution of Nazi-looted art. 

Drawing from her book Stolen Legacies: The Fight for Nazi-Looted Art, she explores how different countries have addressed Holocaust-era cultural theft through legislation, litigation, and museum policies. The discussion will review key restitution frameworks, including the Washington Principles, evolving provenance research standards, and the role of courts in resolving ownership disputes decades after the Holocaust. Bernstein also reflects on the human aspect of these cases and why unresolved cultural losses remain an enduring legal and moral legacy of World War II.

🎟️ Get your tickets using the link in our bio!

#centerforartlaw #artlaw #artlawyer #lawyer #nazilootedart #restitution #stolenart #artcrime #internationallaw
Digital repatriation is a practice being used by m Digital repatriation is a practice being used by museums to "return" a digital version of a work to source communities while retaining the physical object. Digitization itself can increase eduction and access to items, but does a digital version of an object truly act as a sufficient substitute to the heritage contained in the original or does it create a further layer of colonial control through the access to such digital property?

Read out recent article by Afroditi Karatagli to learn more about the impact of digital repatriations and what actions should be taken instead. 

📚 Find the full article using the link in our bio!

#centerforartlaw #artlaw #artlawyer #lawyer #legalresearch #digitalrepatriation #digitalart #artmarket #artistissues #museumissues
Join us for a on April 9th for a new colloquium on Join us for a on April 9th for a new colloquium on the legal foundations for restitution of Nazi-looted art. Raymond J. Dowd will discuss his recent article "Taking The Profit Out of War: Why International Law Requires Restitution of Nazi-Looted Art" published in the Fordham Law Review Online. He will delve into the impact of international property law on those looking to bring restitution claims. 

🎟️ Grab you tickets using the link in our bio!

#centerforartlaw #artlawyer #artlaw #restitution #nazilootedart #lootedart #artcrimes
In January, two Roman bronze statutes of toddlers In January, two Roman bronze statutes of toddlers reaching for partridges, were returned and displayed by the Spanish Museo Arqueológico Nacional. The statues had previously been sold by Christie's in 2012 to a private collector. Christie's had stated the statues came from an unnamed collector, who had gotten them from Giovanni Züst. This was determined to be false. 

After a lengthly journey through the Swiss legal system, due to a Swiss man stating the statues were in his family, before being taken by an Italian man, and then later false documents being prepared prior to the Christie's sale. Later investigators in Spain determined the statues were looted property taken from Spain around 2007. The statues were voluntarily restituted 

📚 Read more using the link in our bio! 

#centerforartlaw #artlaw #artlawyer #legalresearch #looting #artcrimes #spain #restitution
You may have noticed our February newsletter arriv You may have noticed our February newsletter arrived twice, think of it as an encore. March has arrived with its familiar whirlwind, and like many of you, we find ourselves following world affairs with disbelief, dismay, and a deepening sense of urgency. Mahatma Gandhi observed that “the difference between what we do and what we are capable of doing would suffice to solve most of the world’s problems.” At the Center, we believe that building knowledge, access, and community in art law is one meaningful way to solve some of the world’s problems; we wish we could do more. 

🔗 Check out our March newsletter, using the link in our bio, to get a curated collection of art law news, our most recent published articles, upcoming events, and much more!!

#centerforartlaw #artlaw #artlawyer #lawyer #artissues #newsletter #march #legalresearch
Don't miss out on our upcoming Copyright Clinic on Don't miss out on our upcoming Copyright Clinic on March 18th!! Join us for an informative presentation and pro bono consultations to better understand the current art and copyright law landscape. Copyright law is a body of federal law that grants authors exclusive rights over their original works — from paintings and photographs to sculptures, as well as other fixed and tangible creative forms. Once protection attaches, copyright owners have exclusive economic rights that allow them to control how their work is reproduced, modified and distributed, among other uses.

Albeit theoretically simple, in practice copyright law is complex and nuanced: what works acquire such protection? How can creatives better protect their assets or, if they wish, exploit them for their monetary benefit?

🎟️ Grab tickets using the link in our bio!

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #copyright #CLE #trainingprogram
September of 2025 stuck a potential death blow to September of 2025 stuck a potential death blow to the NFT market: Christie's announced the closing of their digital art department. It had only lasted 3 years. NFTs experienced a incredibly  fast tracked rise and fall in popularity, leaving behind questions as to their continuing value and ownership rights. And yet, there could be some lasting change on how digital ownership will continue moving foward. 

📚 To learn more about this niche and potentially, completely, disappearing market read Shaila Gray's recently published article using the link in our bio!

#centerforartlaw #artlaw #artlawyer #lawyer #legalresearch #nfts #blockchain #digitalart #artmarket #artistissues
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law
 

Loading Comments...
 

You must be logged in to post a comment.