Confusing Public and Private:The 3rd Beijing Photo Biennial(Ⅰ)

Confusing Public and Private:The 3rd Beijing Photo Biennial(Ⅰ)

Introduction

As a newly emerging technology, medium and application, photography has always been associated with topics of publicity and privacy since it was invented. In the early days, photographers took essentially private pictures and viewed them in public spaces, while nowadays everyone can afford a camera phone and with mobile network and social media there appeared the demarcation of image, and in the time of constantly evolving visualization of data in contemporary art, photography has increasingly become an important medium that extends to, participate in, intervene with and helps build people’s public and daily lives. Thus, the public and private characters of photography continue to conflict, confront, integrate and spread between real and virtual spaces, and this constantly changes people’s ways of expression, relationships, behavioral habits while filling up our public and private living spaces. Eventually, with the extensive involvement of photography, public and private spaces, the boundaries between the individual and the group, and the “others” and “I” are reconstructed and redefined. During the process of these changing relationships, photography interacts and resonates in new ways with a lot of important factors such as history, reality, religion, philosophy, civilization, war, science & technology, politics and human emotions. In such a spatial-temporal environment where the public and the private are mixed, the modes of organization and thinking are extremely complex, and the atmosphere is full of a sense of ritual and absurdity, how can we start an adventure of thought – what kind of world is it? How is it related to us? It may be a Utopia or Dystopia, or even a Heterotopia or Protopia [1], and in their ideological and visual field, the way we deal with the relationship and expression of the public and private by photography will become our common goal that built on a relatively broad, distant and higher point, which is also the main point that inspired us to plan this exhibition. Therefore, this exhibition will center on photography as an interdisciplinary research field as well as its complex coexistence of the social, public and private, and it aims to explore the role and significance of photography in the tensional relationship between the public and the private.
As a newly emerging technology, medium and application, photography has always been associated with topics of publicity and privacy since it was invented. In the early days, photographers took essentially private pictures and viewed them in public spaces, while nowadays everyone can afford a camera phone and with mobile network and social media there appeared the demarcation of image, and in the time of constantly evolving visualization of data in contemporary art, photography has increasingly become an important medium that extends to, participate in, intervene with and helps build people’s public and daily lives. Thus, the public and private characters of photography continue to conflict, confront, integrate and spread between real and virtual spaces, and this constantly changes people’s ways of expression, relationships, behavioral habits while filling up our public and private living spaces. Eventually, with the extensive involvement of photography, public and private spaces, the boundaries between the individual and the group, and the “others” and “I” are reconstructed and redefined. During the process of these changing relationships, photography interacts and resonates in new ways with a lot of important factors such as history, reality, religion, philosophy, civilization, war, science & technology, politics and human emotions. In such a spatial-temporal environment where the public and the private are mixed, the modes of organization and thinking are extremely complex, and the atmosphere is full of a sense of ritual and absurdity, how can we start an adventure of thought – what kind of world is it? How is it related to us? It may be a Utopia or Dystopia, or even a Heterotopia or Protopia [1], and in their ideological and visual field, the way we deal with the relationship and expression of the public and private by photography will become our common goal that built on a relatively broad, distant and higher point, which is also the main point that inspired us to plan this exhibition. Therefore, this exhibition will center on photography as an interdisciplinary research field as well as its complex coexistence of the social, public and private, and it aims to explore the role and significance of photography in the tensional relationship between the public and the private.

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The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).

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(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.

Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.

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Article I

This event was organized based on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.

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Participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, and respect for others.

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Participants should be adults (people 18 years or older with full legal capacity). Underage persons must be accompanied by an adult.

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Participants undertake full liability for their personal safety during the event, and participants are encouraged to purchase personal safety insurance. Provided that an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Participants should actively organize and implement rescue efforts, but need not to undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the safety of event participants.

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During the event, participants should respect the ruls of the event and ensure the security of the museum site, the artworks in displays, exhibitions, and collections. If an event causes any loss or damage to the museum property due to an individual, people who do not involved not involved in the accident and the museum do not undertake any liability for the loss. The participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.

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According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have reach the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):

I. General Provisions

(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.

(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works on creating an open, free, and academic atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.

(3) Party B will photograph all CAFA Public Education Department events for Party A.

II. Content, Forms of Use, and Geographical Scope of Use

(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.

(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.

(3) Geographical Scope of Use

The applicable geographic scope is global.

The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).

III. Term of Portraiture Rights Use

Use in perpetuity.

IV. Licensing Fees

The fees for images bearing Party A’s likeness will be undertaken by Party B.

After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.

Additional Terms

(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.

(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.

(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.

Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.

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CAFA Art Museum Publication Authorization Agreement

I endow the CAFA Art Museum (CAFAM) with the publication right of images, pictures, texts, writings, and event products (such as works created during workshops) related to me from my participation in the museum’s activities and events (including museum member events) organized by the CAFA Art Museum Public Education Department. CAFA can publish these materials by electronic, web, or other digital means, and I hereby agree to be included in the China Knowledge Resource Bank, the CAFA Database, the CAFA Art Museum Database, and related data, documentation, and filing institutions and platforms. Regarding their use in CAFA and dissemination on the internet, I agree to make use of these rights according to the stated Rules.

CAFA Art Museum Event Safety Disclaimer

Article I

This event was organized based on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.

Article II

Participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, and respect for others.

Article III

Participants should be adults (people 18 years or older with full legal capacity). Underage persons must be accompanied by an adult.

Article IV

Participants undertake full liability for their personal safety during the event, and participants are encouraged to purchase personal safety insurance. Provided that an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Participants should actively organize and implement rescue efforts, but need not to undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the safety of event participants.

Article V

During the event, participants should respect the ruls of the event and ensure the security of the museum site, the artworks in displays, exhibitions, and collections. If an event causes any loss or damage to the museum property due to an individual, people who do not involved not involved in the accident and the museum do not undertake any liability for the loss. The participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.

Article VI

Participants will participate in the event under the guidance of museum staff and event organizers and must correctly use the materials and tools provided for the event. If a participant causes injury or harm to him/herself or others while using them, or causes the damage or destruction to them, the event participant must take full responsibility and pay the compensation for the financial losses. People who do not involved in the accident and the museum need not to undertake any liability for personal accidents.

CAFA Art Museum Portraiture Rights Licensing Agreement

According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have reach the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):

I. General Provisions

(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.

(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works on creating an open, free, and academic atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.

(3) Party B will photograph all CAFA Public Education Department events for Party A.

II. Content, Forms of Use, and Geographical Scope of Use

(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.

(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.

(3) Geographical Scope of Use

The applicable geographic scope is global.

The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).

III. Term of Portraiture Rights Use

Use in perpetuity.

IV. Licensing Fees

The fees for images bearing Party A’s likeness will be undertaken by Party B.

After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.

Additional Terms

(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.

(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.

(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.

Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.

I have carefully read and agree to the above provisions.

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