Bird in Space

The "Bird in Space" series consists of several sculptures created by the Romanian artist Constantin Brâncuși. These works are famous because they focus on the concept of flight rather than the physical appearance of a bird. You will not find feathers, wings, or claws on these pieces. Instead, the sculptures feature an elongated body that stretches upward. The head and beak are reduced to a slanted oval plane. This style allows the viewer to experience the sensation of movement and soaring through the air.

Brâncuși spent approximately 20 years developing this series using various materials. The original work was created in 1923 using marble. He eventually produced seven marble versions and nine bronze casts in total. To create the bronze pieces, Brâncuși followed a very specific and careful process. He first made a model out of plaster to guide the creation. He then gave this model and his specific formula for a bronze alloy to a founder. Once the roughcast was delivered, Brâncuși performed all the finishing work by hand. He used files and very fine emery to polish the metal until it was smooth. He insisted on doing this himself to ensure the work met his personal standards.

Because there are many versions, these sculptures can be found in various famous museums globally. The Metropolitan Museum of Art in New York City holds the most well-known marble version. Two bronze casts from 1928 and approximately 1941 are located at the Museum of Modern Art in New York. The Philadelphia Museum of Art houses both a bronze version from 1924 and a marble version from 1923–1924. In Washington, D.C., the National Gallery of Art displays a marble version and a bronze version from 1927. Other pieces reside in the Los Angeles County Museum of Art, the Seattle Art Museum, and the Norton Simon Museum in California. International locations include the Peggy Guggenheim Collection in Venice and the National Gallery of Australia in Canberra.

In 1926, the series became the center of a major legal battle in the United States. The sculptures arrived at New York harbor on the steamship Paris. At that time, works of art were not subject to customs duties. However, customs officials refused to classify the tall, thin bronze piece as art. They instead labeled it a manufactured metal object. This classification meant the owners had to pay a 40% tariff on the sale price. This tax amounted to about $230, which is worth over $3,130 in 2016 U.S. dollars. The artist and the owner, Edward Steichen, were very upset by this decision.

The legal dispute, known as Brâncuși v. United States, questioned the very definition of art. Under the 1922 Tariff Act, a sculpture had to be an original work of art with no practical purpose to be duty-free. The government argued the piece was not art because it did not look like a real bird. One appraiser, F. J. H. Kracke, noted that some people in the art world were skeptical. One expert even joked that if such a shape was art, he would become a bricklayer. The prosecution used the 1916 case United States v. Olivotti to argue that sculptures must represent natural objects in true proportions. This case suggested that Brâncuși's work failed to meet the legal standard for art.

To defend the work, six major art figures testified in court. These experts included Jacob Epstein and Edward Steichen. They argued that Brâncuși was moving toward abstract art. They explained that the artist's goal was to achieve a specific feeling of movement. They emphasized that the "birdness" of the object was not the most important part. The defense also pointed out that every piece of metal used was unique, which proved the work's originality. In November 1928, Judges Young and Waite ruled in favor of the artist. They decided the sculpture was beautiful, symmetrical, and ornamental. This was the first time a court accepted that abstract, non-representational sculpture could be considered art.

The legacy of "Bird in Space" extends far beyond the courtroom. The sculptures have inspired other forms of creative expression. For example, the composer Timothy A. Corpus wrote a classical music piece inspired by the series. This work premiered at the 2012 Open House Chicago festival. The poet Muriel Rukeyser also referenced the "Bird" in her 1939 poem, "Reading time." She used the sculpture to discuss the human tendency to fear new and non-utilitarian art. The series remains a significant milestone in the history of modern sculpture and legal definitions of creativity. In 2005, one of the works sold for $25.8 million, setting a record for a sculpture at auction at that time.