Is It Art Or Is It Advertising ?

These two sculptures have gone up near Marfa, Texas. One is a life-size image of a Dodge Charger, and the other is a 40-foot tall image of the iconic Playboy bunny. But one citizen has complained to the Texas Department of Transportation (TxDOT) that the bunny image is advertising (and not art), and therefore should have to abide by the state laws regarding roadside advertising signs (which require a permit from TxDOT). And TxDOT has agreed with the complainer -- ordering the removal of the bunny sculpture within 45 days (since Playboy Enterprises did not apply for and receive a permit for the "advertisement").

Playboy did pay for the sculpture to be made and placed near Marfa (which is known for its art community). But they say the two sculptures are art, not advertising (and therefore don't need any permit). This brings up an interesting question. What is art, and where is the line that divides it from advertising? Some artists, like Andy Warhol, didn't believe there was a difference -- and his reproductions of Campbell's soup cans have been recognized as art. If an image of Warhol's famous painting was put up beside the road, would TxDOT consider it an advertisement?

Does the fact that Playboy Enterprises paid for the sculpture to be made and erected make it an advertisement? Would it be art if Playboy Enterprises didn't pay for it? A case could certainly be made that the sculpture is an iconic symbol in our culture (just like the Campbell's soup can), and could be used to make an artistic statement (such as a statement about sexuality in our society).

I have to disagree with TxDOT. I think both sculptures are art. But then I live in Amarillo, only a couple of miles from Cadillac Ranch (a recognized work of art featuring 10 Cadillacs buried nose-down in the ground). TxDOT has not said that Cadillac Ranch is an advertisement for Cadillacs -- why not? What is the difference between those Cadillacs and the bunny sculpture? Aren't both iconic symbols of our culture? And what about the giant cross erected in the Panhandle? Couldn't that be considered an advertisement for christianity?

What do you think? Is the bunny sculpture art or advertising? What is the difference?

----------------------------------------

Here are the images I reference in the above post -- Cadillac Ranch, the Warhol painting, and the huge cross in Texas Panhandle. Art or advertising?