A Devon-based art collector has lost a legal dispute with the government after being prohibited from selling a rare surrealist sculpture that includes a 165-year-old elephant tusk. Victor James, an art expert, sought to sell Eileen Agar's 1930s creation, The Obelisk of Satisfied Desire, but authorities ruled that the piece violates the 2018 Ivory Act.
The Sculpture and the Ivory Act
The phallic sculpture is described as an assemblage of five objects: a metal dish, a decorated candle, a small colander, a model duck, and the tusk. The Ivory Act bans dealing in ivory or items containing it, with limited exemptions for pre-1918 objects deemed of outstandingly high artistic, cultural, or historic value. Mr. James argued that the tusk, dating from 1860, should qualify the entire piece for exemption. However, the tribunal rejected this claim.
Tribunal Ruling
Judge Sophie Buckley ruled that the sculpture itself is the relevant item, not the tusk alone. She stated: "If the tusk were separated from the sculpture and were the 'item' in relation to which the exemption were made, it is accepted that it would, subject to assessment, satisfy the condition of being pre-1918. But the sculpture is clearly the 'item'. The sculpture is more than a collection of separate objects. Eileen Agar has made a new object." The judge further noted that allowing the exemption would risk laundering illegal ivory, as it would make it harder to determine the age of ivory in a modern setting.
Arguments from Both Sides
Mr. James contended that the tusk was an independent African tribal art piece incorporated into the sculpture, and that its context gave it outstanding value. He argued that this case was unique and unlikely to open the floodgates for ivory trade. Government barrister Daniel Cashman countered that such an approach would undermine the Act, potentially creating a new market for pre-1918 ivory in modern artworks. The judge sided with the government, emphasizing the legislative purpose of preventing ivory dealing.
Expert Analysis
Art historian Michael Remy described the piece as phallic, with the tusk symbolizing desire. He noted that Agar's notes in the Tate archives explain how the objects interact erotically to create a unique work. Eileen Agar, a British surrealist who died in 1991, created works that have sold for over £100,000.
The ruling underscores the strict interpretation of the Ivory Act, which aims to curb the trade in both antique and modern ivory. The collector cannot sell the sculpture unless the tusk is removed, which would alter the artwork's integrity.
