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Defining erotic art is difficult since perceptions of both what is erotic and what is art fluctuate. A sculpture of a phallus in some African cultures may be considered a traditional symbol of potency though not overtly erotic.

In addition, a distinction is often made between erotic art and pornography (which also depicts scenes of love-making and is intended to evoke erotic arousal, but is not usually considered art). The distinction may lie in intent and message; erotic art intended as pieces of art, encapturing formal elements of art, and drawing on other historical artworks. Pornography may also use these tools, but is primarily intended to arouse one sexually. Nevertheless, these elements of distinction are highly subjective.

For instance, Justice Potter Stewart of the Supreme Court of the United States, in attempting to explain "hard-core" pornography, or what is obscene, famously wrote, "I shall not today attempt further to define the kinds of material I understand to be embraced . . . [b]ut I know it when I see it .

Some believe defining eroticism may be difficult since perceptions of what is erotic fluctuate. For example, a voluptuous nude painting by Peter Paul
Rubens could have been considered erotic or pornographic when it was created for a private patron in the 17th century. Similarly in the United Kingdom and United States, D. H. Lawrence's sexually explicit novel Lady Chatterley's Lover was considered obscene and unfit for publication and circulation in many nations thirty years after it was completed in 1928, but may now be part of standard .
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Whether or not an instance of erotic art is obscene depends on the standards of the community in which it is displayed. In the United States, the 1973 ruling of the Supreme Court of the United States in Miller v. California established a three-tiered test to determine what was obscene - and thus not protected, versus what was merely erotic and thus protected by the First Amendment. Delivering the opinion of the court, Chief Justice Warren Burger wrote, "The basic guidelines for the trier of fact must be: (a) whether 'the averag ...

In Europe, starting with the Renaissance, there was a tradition of producing erotica for the amusement of the aristocracy. In the early 16th century, the text I Modi was an woodcut album created by the designer Giulio Romano, the engraver Marcantonio Raimondi and the poet Pietro Aretino. In 1601
Caravaggio painted the "Love Triumphant," for the collection of the Marquis Vincenzo Giustiniani. The latter is reputed to have kept it hidden behind a curtain to show only to his friends, as it was seen as a blatant celebration of sodomy.

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