Authorship: Appropriation

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Authorship: Appropriation

  1. 1. AppropriationCCR 747:::S13Wednesday, April 17, 13
  2. 2. Review: Fair UseWednesday, April 17, 13
  3. 3. • the purpose and nature of the use, includingwhether such use is of a commercial nature or isfor non-profit purposes• the nature of the copyrighted work• the amount and substantiality of the portion usedin relation to the copyrighted work as a whole; and• the effect of the use upon the potential market foror value of the copyrighted workWednesday, April 17, 13
  4. 4. derivative worksWednesday, April 17, 13
  5. 5. ... a work based upon one or more preexisting works,such as a translation, musical arrangement,dramatization, fictionalization, motion picture version,sound recording, art reproduction, abridgment,condensation, or any other form in which a work maybe recast, transformed, or adapted.A work consisting ofeditorial revisions, annotations, elaborations, or othermodifications which, as a whole, represent an originalwork of authorship, is a “derivative work”. ( 17U.S.C. § 101)Wednesday, April 17, 13
  6. 6. transformationWednesday, April 17, 13
  7. 7. chilling effectWednesday, April 17, 13
  8. 8. Wednesday, April 17, 13
  9. 9. What’s changedsince 2003?Wednesday, April 17, 13
  10. 10. The Internet was never designed as a commerciallystructured medium for selling digital data. It wasdesigned as a medium for a free, open, anddecentralized exchange of information.This tenaciousfoundation of technology and software is provingextremely difficult to convert into various forms of tolltaking ... So far, all forms of paid advertising (a majorway that cultural content supports itself), have provedthemselves to be largely ineffectual on the Net. Fewpeople click through those banners. It’s just a wholedifferent kind of place. (246)Wednesday, April 17, 13
  11. 11. Homogenized, generic, conglomerized corporateintrusions into this arena automatically appearanachronistic, disruptive, and annoying. (246)Wednesday, April 17, 13
  12. 12. pre- blogging explosionpre-Facebookpre-TwitterWednesday, April 17, 13
  13. 13. 2001:Wednesday, April 17, 13
  14. 14. but collage isstill with us.Wednesday, April 17, 13
  15. 15. Copyright is alwayswith us.Wednesday, April 17, 13
  16. 16. We have established inflexible copyright mandatesacross all the arts which allow any and all creations tobe “protected” as private, untouchable property,unavailable for any purpose other than their originalpurpose, including any reuse in new art by others. Forartists, copyright means that other art is emphaticallynot allowed to be seen as part of their landscape, notas part of their usable environment, not as somethingthat influences their creative minds. (255)Wednesday, April 17, 13
  17. 17. There is a certain perceptual stance most artists havealways taken to their work and their environment--aperception that sees everything out there as grist fortheir mill. ... It matters not who “owns” the music theysample any more than it matters who “owns” the treethey paint. Ownership has never had anything to dowith creativity. (Negativland 251)Wednesday, April 17, 13
  18. 18. influenceWednesday, April 17, 13
  19. 19. Wednesday, April 17, 13
  20. 20. collage (Ames 1479)Wednesday, April 17, 13
  21. 21. bricolage(Levi-Strauss, Derrida, Deleuze & Guattari)Wednesday, April 17, 13
  22. 22. By taking these images out of their everyday contextsand presenting them in new forms, media,combinations, or contexts, visual artists call intoquestion the processes through which individuals “see”and through which society assigns meaning to images.(Ames 1481)Wednesday, April 17, 13
  23. 23. Wednesday, April 17, 13
  24. 24. Wednesday, April 17, 13
  25. 25. Wednesday, April 17, 13
  26. 26. Wednesday, April 17, 13
  27. 27. Wednesday, April 17, 13
  28. 28. Just because a recognized art form like musicbecomes manifested as a commercial masscommodity, it is still an art form, which necessarilydepends on free expression. Free expressiondemands free access to the elements of itsexpression, even when those elements happen tobe owned by someone else. Especially when theyare owned by someone else. This is the free passall art has always been given to speak its mind,and commercial interests of any kind do not negatethis creative imperative. (Negativland 256)Wednesday, April 17, 13
  29. 29. art or counterfeiting?Wednesday, April 17, 13
  30. 30. enrichment of thepublic domain?or a free-for-all?(255)Wednesday, April 17, 13
  31. 31. Wednesday, April 17, 13
  32. 32. Wednesday, April 17, 13
  33. 33. Wednesday, April 17, 13
  34. 34. Wednesday, April 17, 13
  35. 35. The Banality Show (1988)Wednesday, April 17, 13
  36. 36. Wednesday, April 17, 13
  37. 37. Rogers vs. KoonsWednesday, April 17, 13
  38. 38. parody or piracy?Wednesday, April 17, 13
  39. 39. Is the criticalcomponent clear?Wednesday, April 17, 13
  40. 40. Do the works competein the same market?Wednesday, April 17, 13
  41. 41. How much of the originalwork has been used?(the “conjure up” test)Wednesday, April 17, 13
  42. 42. Is the parody aimed atleast in part at theoriginal work?Wednesday, April 17, 13
  43. 43. parody and appropriation(Ames 1498 - 1503)Wednesday, April 17, 13
  44. 44. “The court did not consider the possible necessity ofcopying the entire image in order to fulfill thesecondary work’s critical purpose, the necessity ofappropriating a creative work from American massculture in order to comment on the values inherent inthat culture, or the difficulty involved in appropriatingonly part of an image.” (Ames1505)Wednesday, April 17, 13
  45. 45. Wednesday, April 17, 13
  46. 46. Wednesday, April 17, 13
  47. 47. Wednesday, April 17, 13
  48. 48. Wednesday, April 17, 13
  49. 49. Wednesday, April 17, 13
  50. 50. Wednesday, April 17, 13

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