“Mud, salt crystals, rocks, water.” The monotone voice reads the list as blandly as if it were a grocery list, while the image of a counterclockwise swirling mass of land emerges from a lake. The disembodied voice comes from Robert Smithson, who narrated a 1970 documentary about the making of his seminal work, Spiral Jetty. He repeats the list again as a helicopter circles the Great Salt Lake where Smithson led several bulldozers in pushing rocks into the water, forming a spiral that almost seems like it naturally grew out of the land.
If you’ve sat in an art history class in the past 40 years, or casually cracked a textbook on the subject, you’ve probably heard of Robert Smithson. He built Spiral Jetty at a time when nature was a popular medium for artists, a genre now referred to as earthwork or land art. For artists like Smithson, part of the attraction to earthwork is the ephemerality of it all. Creating a work of art from the land, knowing it will someday be reclaimed by the earth, is a powerful and cathartic notion. But what happens when a work of land art withstands the harsh extremities of nature, long after the artist’s death? Such is the current case of Spiral Jetty, the subject of an ongoing legal battle between four parties that each claim some sort of ownership: the Smithson Estate, the Jetty Foundation, the Dia Foundation, and the state of Utah.
Having received control over Spiral Jetty from the Smithson Estate, Dia, a New York-based art foundation, hasn’t been making the annual payments on the 10 acres of land upon which the jetty sits. Even worse, Dia received a letter from the state of Utah, indicating that the 20-year lease on the land had run out and would not be renewed. Though a representative of the Utah Division of Forestry, Fire and State Lands has assured the public that, “Dia’s not holding the lease is not going to change anything regarding the Spiral Jetty,” the question still remains: who does the jetty belong to?
This is where it gets tricky. The Smithson Estate owns the intellectual property of the Spiral Jetty, while Dia owns the title of the artwork (as donated by the estate). Further, the jetty rests on land owned by the state of Utah. As explained by Felix Salmon, “What we have here is something closer to architecture, where a building can be owned by one person and the land underneath it by another.” Salmon continues the metaphor, saying that in the case of lend-lease buildings, the lease on the land is almost always held by the owner of the building. Yet that’s where the metaphor stops. “[There] are big differences between Spiral Jetty and a piece of architecture. Spiral Jetty is the land…When Smithson made the work, what he was doing was pretty simple, conceptually speaking: he took a piece of Utah, and made it art.” Yet as several groups and foundations add themselves to the list of parties interested in taking over the lease, the future of the jetty remains in limbo.
Back when the jetty reappeared in 2004, after nearly 30 years of submersion, mass pilgrimages ensued as word spread that the jetty was back. For those fortunate pilgrams who made the trip, among whom I’m thankful to include myself, the concentric pull of your body as it traverses the spiral is zen-like, lulling you into a contemplative silence unlike any other experience. While various foundations can argue all they want over ownership formalities, anyone who has heard the salt crunch under their feet as they walked the trail of Smithson’s greatest work knows that the Spiral Jetty belongs wholly to Mother Nature, the only entity that truly controls the future of the opus.
Art on the Blog | Art Category
Chappell Ellison is a designer, writer and design writer. She currently lives in Brooklyn, New York where she serves as a contributor for The Etsy Blog and design columnist for GOOD.
112 comments
Add a commentNamaz says:
Very interesting, you learn something everyday:) Thanks for the article
291 days ago
myvintagecrush says:
Complicated. Beautiful, but so so complicated!
291 days ago
Iammie says:
Amazing!
291 days ago
TwinkleStarCrafts says:
This reminds me of the song from 'Pocahontas,' 'You think you own whatever land you land on.' Chappell, your articles are always so thought-provoking. Thank you.
291 days ago
simplycharminglife says:
wow, a great informative article on a very interesting piece of art - always a part of our art appreciation. Curious to see how it all turns out...
291 days ago
MackinacIslandInk says:
Cool !
291 days ago
shopkim says:
I had never even heard of it before. It looks amazing though!
291 days ago
AliceCloset says:
Amazing article !
291 days ago
GardenApothecary says:
beautiful jetty...
291 days ago
TheBeadedMandala says:
wonderful art!
291 days ago
wabiSabo says:
Mother Nature indeed. :-)
291 days ago
TandJsoaps says:
I teach high school art and do a land art/earthworks lesson every year. I use legal situation with Spiral Jetty to start a debate with my students every year. It's amazing how much they love to talk about it. Great article! Dia owns the intellectual rights to many ephemeral works of art- I think that's great.
291 days ago
TheScarfTree says:
What an interesting article! What a dilemma! I had never heard of this before, but it is beautiful. So glad you got to go there! Thanks for sharing!
291 days ago
rostudios says:
Great article and very cool art form
291 days ago
jaunebleu says:
I remember my Art History classes and the Spiral Jetty definitely left a huge impression! Wonderful article! Yes, Mother Nature has ultimate control over this creation.
291 days ago
VintageEye says:
I would have to agree that it belongs to the lake as that seems to be the entity that will determine whether the jetty will be visible at all. Very interesting situation.
291 days ago
MootiDesigns says:
Cool photography.
291 days ago
MaryDeets says:
Thank you for writing on this amazing art work! Gaia smiles at our fantasies...
291 days ago
McIsaacArt says:
Reminds me of Andy Goldworthy, at one with nature. Good article. Thanks
291 days ago
bedouin says:
if we can just agree to maintain these works of nature from debris and waste destruction ownership should be secondary ~ but it rarely is. Beautiful photography!
291 days ago
SweetandDandyVintage says:
Interesting subject to ponder ... though if it was man made, clearly they knew the legend would be greater than any name. I love when artists dismiss ego and let art speak for itself. Great article!
291 days ago
LetThemEatPie says:
I wouldn't be surprised if this doesn't show up as a good BAR question sooner or later.
291 days ago
SweetandDandyVintage says:
Oops...see where Smithson was the artist. Clearly he had the lesson of impermanence down pat! ;-)
291 days ago
MyPeaceOfDove says:
WOW. Just so breathtaking...
291 days ago
betsybensen says:
on a road trip from Portland to Denver in 2006 we made the (rather grueling) ride out to see the jetty with our kids. Amazingly, 2 weeks ago my daughter, now 20, but 15 at the time of the trip, recalling the spiral jetty said it was the coolest thing she had ever seen. Who knew? At 15 she wasn't really communicating with her parents... I just sent her this article, thanks!
291 days ago
Donkeystudio says:
Gorgeous new photos of the spiral jetty. Even if it does disappear, the conceptual artworks of the 60s-70s will always remain fresh.
291 days ago
accentonvintage says:
Amazing art and quite a controversy!
291 days ago
CarolAdamec says:
I loved this article, as I didn't realize that The Jetty was in Utah. Will have to visit the next time I'm out West.
291 days ago
keeleybehling says:
Love Robert Smithson's work. Inspirational in taking something so simple, dirt, and turning it into an artistic landmark. Bummed to hear that it's being fought over. I believe it truly belongs to nature.
291 days ago
bhangtiez says:
So cool!
291 days ago
DeathByVintage says:
Very interesting from the legal aspect of intellectual property. Certainly, it can be compared to a real estate "property" of ownership. However, the fact that the land was manipulated by the artist with the intent of making art out of dirt, rocks...can also be argued. I also believe this piece of earthworks belongs to nature, for her to augment the piece as she sees fit.
291 days ago
junquegypsy says:
Wow! We sure can complicate our lives with legalities! Beauty is not so simple.
291 days ago
willowstreetworkshop says:
What an interesting story. Thank you.
291 days ago
Funklicious says:
Fascinating article! Thank you for sharing.
291 days ago
kipi says:
Thanks for bringing this back into my memory- I was an art history major way back when!
291 days ago
ilovecharms says:
I live near the Spiral Jetty and these are things I didn't know. Thanks!
291 days ago
kararane says:
hi Chappell- very much enjoyed your description of actually visiting the artwork, a sacred space. Robert Smithson is truly a profound artist whose work continues to live on.
291 days ago
boardbeyondbelief says:
The jetty is gorgeous. It reminds me of a herb garden I once built. It was 6 foot in diameter and spiraled inward to about 3 feet tall. After being filled with dirt, the herbs that needed more drainage went at the top and those that needed less at the bottom.
291 days ago
Guchokipa says:
I think it is funny when institutions miss the point. Intellectual property, title ownership, silly squabbles and clinched fist dealings. All of those groups need to go out to the jetty together with their contracts and pens in hand. Being out there will surely un-pinch their petty perspectives.
291 days ago
Katyoparty says:
Looks like a magical place. Disappointing that so much money is probably being spent on legal fees.
291 days ago
TinyArtbyJMullin says:
I teach Advanced Placement Art History, and Spiral Jetty is one of the 1970's earthworks we delve into. I will be sharing this article with my students. Some good fodder for discussion here. Thanks Chappell!
291 days ago
kokadots says:
Beautiful and indeed...Mother Nature!
291 days ago
overthemeadow says:
Amazing! What a gorgeous work of art that is so connected with nature in every way.. Truely a masterpiece.
291 days ago
overthemeadow says:
Amazing! What a gorgeous work of art that is so connected with nature in every way. Truely a masterpiece!
291 days ago
Parachute425 says:
Oooooo - and if some endangered species would make it their habitat then the U.S. Fish and Wildlife Service will get involved and then we'll really have a smackdown.
291 days ago
SunshineintheCellar says:
Haha @Parachute425 This is such an interesting article, and I love how it connects to Etsy
291 days ago
CoralsOriginals says:
I live in Tooele County in Utah and have heard quite a bit off and on about the jetty but have never seen it. After reading your article....which was a great article btw....I will have to check into making a little jaunt out to see it. Thanks for your great article.
291 days ago
SpringwoodSoaps says:
What a fascinating story. Hopefully they will come to agreement of some sort so that it will be able to be enjoyed by all to come.
291 days ago
editionbw says:
wow, a good art history flashback... & I was just talking about this with my nephew & his sand construction at the lake last week.
291 days ago
editionbw says:
& I love that you can see it on Google satellite with additional images for size / scale perspective
291 days ago
zenceramics says:
Very interesting post. Thank you. I totally agree that that the Spiral Jetty belongs to Mother Nature It is a shame that when it comes to ownership rights, all these foundations completely forget about their main mission. As a result it creates more destruction. Beautiful photography!
291 days ago
Atelier500 says:
I'm glad to read that the Spiral Jetty is not lost in the minds of art enthusiasts. I studied fine art in the late 70's and Robert Smithson was a featured artist in the modern world. NYC was the Mecca of the art world and I was lucky to live close to visit the museums and galleries in the City during my studies.. Thanks for the article, and for keeping alive art from not so long ago.
291 days ago
LittleWrenPottery says:
Fascinating article, it's a complex issue and as a work of art it'd be a shame if it got cornered
291 days ago
torchyhunter says:
I knew about the jetty, but didn't know it had disappeared and reappeared. Probably some normal explanation like rainfall, but re-emerging for whatever reason is fun to speculate on.
291 days ago
Demoriam says:
Thank you for sharing the article. It will be interesting to hear about the final outcome. Now to check out the Spiral Jetty on Google Earth!
291 days ago
kadydesigns says:
very cool and informing. Thanks!
291 days ago
kathyjohnson3 says:
Very interesting article, I would think the landowner would retain the rights, but as long as no-one is charging admission, and we can all enjoy its beauty, does it really matter? I'd like to see it sometime, it's breathtaking!
291 days ago
bittersweetdesign says:
just lovely - as I was reading the article - I kept thinking that I knew who owned the spiral - and I do - Mother Nature/Mother Earth...
291 days ago
fantasygarden says:
That's the place you would like to see :)
291 days ago
VintageArgyleSt says:
This and Walter de maria's lightning rod field, both on my list......
291 days ago
whitevan says:
Nice! Thanks! Dennis
291 days ago
ChrissiesRibbons says:
Stunning!
291 days ago
catrocks says:
Great piece. Very interesting!
291 days ago
soundsofthesea says:
Great and interesting article...the spiral reminds me of the natural art/assemblages created by Andy Goldsworthy using rocks, sticks, leaves and so on. Watch the movie "Rivers and Tides" - a documentary about his work - totally fascinating!
291 days ago
SilverLoft says:
In southwestern Native American cultures, the spiral symbol was used to represent a journey. Life is a journey, and the Spiral Jetty, in its own way, is on a journey through time, too. Many thanks, Chappell, for your insightful look into this wonderful work of art and its saga.
291 days ago
pinksnakejewelry says:
Love this Land Art Work!!! Fantastic Article- thought provoking!
291 days ago
ShoeClipsOnly says:
That is just amazing, so beautiful!!
291 days ago
justthegoods says:
I'm all for creative commons and public patrimony ... if only the question was, who will take care of it rather than who owns it and the rights to it. I appreciate the notion that, if anything, it belongs to mother nature =-)
291 days ago
seahorsegeneralstore says:
this is incredible. simply stunning.
291 days ago
RedorGrayArt says:
such an amazing concept..beautiful photo..so poetic..love your posts/articles so
291 days ago
limegreenmodern says:
Fascinating to know that it was submerged for so long and then reappeared again with low water levels. Very interesting legal issue.
291 days ago
irishandmore says:
Had never heard of this, so I looked up several images. I am fascinated by how it is different colors depending on the conditions and water levels, etc... A true work of natural art. Thanks for enlightening me.
291 days ago
mazedasastoat says:
So sad that something so wonderfully ephemeral can becaome "property".
291 days ago
frenchonion says:
Interesting stuff. It's a shame people are fighting over it. That's our world, though. I'd like the lake to bite back and re-claim it.
291 days ago
autumnvelvetrose says:
cool beans!
291 days ago
autumnvelvetrose says:
cool stuff
291 days ago
autumnvelvetrose says:
love this
291 days ago
vonderschonenrapunze says:
i really don't believe that smithson intended for his estate or anyone else to have perpetual ownership. for a time, yes, i can see that. to be able to view how nature changes it over time and makes it into something else puts me in mind of another artist, andrew goldsworthy. while goldsworthy's projects are more temporary, allowing for the natural erosion by nature, they still belong to the land. i believe it is a gift that nature has given us to be able to see smithson's spiral again. it's a terrible shame and a mark against our humanity that we feel the need to say mine, mine, mine with everything we create. smithson knew that nature is not static, that it would erode, change, and eventually disappear. i highly doubt that he wanted the future owners hovering until the earth reclaimed it.
291 days ago
jewelsbymoon says:
I say Mother Nature wins. This is zen beautiful. Thanks for the article and the peek at this wonder.
291 days ago
MegansMenagerie says:
Beautiful pictures! That is so pretty and different!
290 days ago
KristyLynnJewelry says:
Amazing!
290 days ago
NsewFabrics says:
Such a beautiful thing...with such contraversy !!!!!!!!!
290 days ago
MaggiePainting says:
Powerful.
290 days ago
BanglewoodSupplies says:
Great Story!
290 days ago
minipotterybyanita says:
Beautiful, interesting, and controversial, like a lot of great art! I remember this being on the news, back when it was being formed (made?)! !
290 days ago
katklop7 says:
Thank you so much for sharing that story. The spiral is such a spiritual symbol and that one is as perfect as Mother Nature could want.
290 days ago
glendalee says:
it seems that the process of the Jetty is THE THING. that it's made of land is a comment on the kind of heroic effort it takes to make art with really big tools and material. events like this are a push forward in human brain activity: a human thought of this, another bunch of humans wanted to realize the thought, and now another group has the opportunity to view it…to me it is a celebration of human nature. i appreciate all the other comments by artistic Etsians written here. if the news media new how to explain the deeper meanings in work like this, it would help all of us think better.
290 days ago
vianegativa420 says:
I remember this from art classes in college, I did not know it had sunk and re-emerged. This makes me want to go and see it if it's still there. Such a shame that the legal battle has to put the site in jeopardy. Hope nothing happens to cause the public to be denied access to the site because they aren't able to maintain it with all the traffic coming through, I can see that may be the issue here as people do not always treat public land with the proper respect. Unfortunately it costs money to clean up after people and keep roads maintained, etc.
290 days ago
OnlyOriginalsByAJ says:
So beautiful!
290 days ago
circleandsprout says:
I hope this battle doesn't ruin this amazing piece of art work. I was fortunate enough to see the Spiral Jetty in person and it's amazing to wonder about the process of making it. Thanks for this informative article.
290 days ago
MoodyBDesigns says:
Touching and true. It reminds us all that we so connected beyond what we recognize on a daily basis. Our expression of art are a way to connect on a material and spiritual level.
290 days ago
critterconnection says:
Thank You for bringing the healing light that was created with this spiral... to all who experience it! Illuminating and Beautiful and Free...
290 days ago
NetWorth says:
I'm grateful to Chappell for bringing this worthy subject to our attention so we can ponder and enjoy .The jetty is the stuff of legends. Regardless of who ends up claiming the piece, the fact that it exists now and that it ever existed at all is enough for me.
290 days ago
BodamerStudio says:
Interesting subject---sparks critical thinking over intellectual property rights versus material ownership. The spiral jetty looks beautiful. I do find it interesting there is a legal battle brewing over something that according to this article was submerged for 30 years.
290 days ago
krissyleedesigns says:
Thanks for the great read. It seams that the ownership battle over this beautiful piece is totally the opposite about what environmental art is all about - stripping the comercial aspect of art away and bringing it back to nature.
290 days ago
ReverseCourse says:
Wonderful, thoughtful article. Would love readers to check out my daughter's website because she is already thinking how to blend fashion and social awareness. reversethecourse.org
289 days ago
artworksbycarol says:
It's kind of like a giant sand castle, Who owns it after you build it? You get upset if someone comes along and knocks it down, But you love it when everyone stops to enjoy it. Is it really yours though? I think so, at least while it's standing.
289 days ago
Marumadrid says:
So, if I create a fun-tastic sand castle... it belongs to the beach!? :S
289 days ago
HawaiianEye says:
When a natural climatic condition comes forth and annihilates the jetty, who will lay ownership claim to it then? Will it revert back to the state as open public land? Are any "onwers" who claim ownership to the land, paying taxes on the land? If no one is responsible for taxes, they it likely belongs to no one as it is a communally used park and recreation area of the state.
289 days ago
designlab443 says:
Maybe someday I will make that spiral walk.
289 days ago
WildCelery says:
What i found interesting was that the company Dia had not been upholding their end of the bargain by maintaining annual payments. Is it that the jetty had sunk and as such was no longer a gem in their portfolio? That the human eye was not able to witness the jetty therefore it could be of no more worth? there must be debates in archaeological circles similar to this...
289 days ago
teenajuanita says:
wow just love it so nice to have this realization bless
289 days ago
sarahlenore says:
That this piece is able still so socially stimulating is a credit to its grandeur.
289 days ago
CedarwoodCreations says:
I was in Utah last year, wish I had known about Spiral Jetty. I would have loved to see it. Awesome!
289 days ago
daddytypes says:
Fascinating that this discussion is on etsy; I am pretty certain that everyone involved in figuring out the status of the lakebed which Smithson constructed Spiral Jetty is motivated by an appreciation of the artwork's unique situation and concern for its stewardship, which is different from ownership. In a way, the fact that the work is on leased state land gives an opportunity every 20 years or so to reflect on how our culture is dealing with nature, art, and the land we inhabit. So maybe we'll all be back in 20 years to discuss it again.
288 days ago
BeadAPeaOpolis says:
Lovely, An amazing work of art creation using Gods art medium!
288 days ago
4oldtimesandnew says:
Interesting discussion and perspectives! I didn't know about the Spiral Jetty (I feel cheated for not knowing about it sooner!) so thank you!
288 days ago
kmiele says:
Dind't know about the struggle between the Smithsonian and Dia, interesting. I woud love to make the trip out there one day, I've never been to the east coast.
288 days ago
CollierLewisJewelry says:
Thank you so much for this article.
287 days ago
studme says:
The world belongs to everyone, we will learn this lesson very very soon, please enjoy your possession now like it's an old friend soon to pass.
282 days ago
BirdsNestCompany says:
Lovely!
279 days ago
JackPineSavage says:
I've always been more of a fan of Andy Goldsworthy but I remember this one from art history. I wonder what its like in person?
279 days ago