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Copyright and Appropriation

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Gillian Crothers

on 2 April 2014

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Transcript of Copyright and Appropriation

Copyright and Appropriation
What is Appropriation?
Appropriation is the use of borrowed elements in the creation of new work.
Moral Rights
(Ethical Considerations)
* The right to be attributed as the creator or his or her work (Meaning that, at the least, any reproduction of his or her work is accompanied by his/her name and the tile of the work)
What is Copyright?
(Legal Considerations)
Copyright is a type of legal protection for people who produce things like writing, images, music and films. It is a legal right to prevent others from doing certain things (Such as copying and making available online) without permission.
Where do copyright laws come from?
Copyright laws come from the Copyright Act and from court decisions.
What does copyright
apply to?
Things that can be protected by copyright include writing, visual images, music, computer programs and films.
Copyright protects the form or way an idea or information is expressed, not the idea or information itself.
How do you get copyright?

There is no system of registration for copyright protection in Australia.
You do not need to publish your work, to put a copyright notice on it, or to do anything else to be covered by copyright - the protection is free and automatic. There are no forms to fill in or fees to be paid. You do not have to send your work to anyone for approval.
A work is protected automatically form the time it is first written down or recorded in some way, provided it has resulted from its creator's skill and effort and is not simply copied from another work. For example, as soon as a poem is written or a song is recorded it is protected.
Names, Titles and Slogans
Some 'works' are too small or unorigianl to be protected by copyright. For example, single words(even invented words), names, titles, slogans and headlines are unlikely to be protected by copyright.
In some cases however, someone using a name title or slogan which is already being used by someone else may run into
problems with other areas of law, such as trade marks.
Peoples' Likenesses.
People and people's images (images of their face or body) are not protected by copyright. Sometimes, however, other areas of law, such as defamation and Trade Practices Act, can affect the circumstances in which a person's image canbe used. However, If you know that you might later be using such a photograph commercially, it's generally a good idea to get a model release from the people you have photographed.
Recent changes to the Copyright Act have granted 'moral rights' to creators. Unlike copyright, moral rights cannot be assigned and remain with the copyright holder or their estate until copyright expires. These rights impose certain obligations on parties reproducing copyright material.
*The right to take action if his/her work is falsely attributed to someone else.
The right to take action if the work is (in reproduction) distorted in any way or treated in a way that is prejudicial to the creators reputation. (for example, cropped or reproduced as a detail, without permission or acknowledgment of the artist.
Fair Dealing
There are a number of circumstances where a work in copyright may be reproduced without copyright clearance having to be obtained. These fall under the 'Fair Dealing' exeception in the Copyright Act and are, as follows;
* Individuals are permitted to copy material for their own use for 'research and study'.
* A journalist or other writer contributing to the print or digital media may reproduce copyright material for the purpose of reporting the news.
* A journalist or other wirter contributing to the print to digital media may reproduce copyright material for criticism or review, but must specifically mention in his/her text the artist and title of the work being reproduced.
*Sculptures, exteriors of buildings and other works of craftsmanship on 'permanent public display' may be photographed, filmed or drawn and then reproduced.
Literary works
A current literary work normally remains in the copyright for the life of the author +70 years, the same as any other artwork. However if it is published after the author's death it changes slightly.
In that case, if published before 1955 the copyright has expired but if after 1955, it is the year published +70years. However, it also needs to be established if, when published, the copyright in the text was given over to the publisher or if it was retained by the author.
Copyright in a work of art is automatic and exists from the moment the work is begun by its creator.
Copyright always belongs to the creator of a work unless he/she assigns copyright to another party.
It is important to remember that owning a work does not mean owning the copyright in that work and having the right to reproduce it without the copyright owner's permission.
Copyright in Art
Australian copyright law is contained in the Copyright Act (1968) and, in the case of most works of art, copyright lasts from the year of creation until seventy years after the death of the creator.
There are some inconsistencies in the australian Copyright Act due to Australia signing the Free Trade Agreement with the USA on 1 January, 2005 which altered the copyright duration at that time. However, as the legislation was non-retrospective it means that works were out of copyright in Australia at January 2005 remain out of copyright even though some of the artists may have been dead for less than 70 years (For example Authur Streeton)
Perhaps the most famous example of appropriation is Marcel Ducham’s postcard size reproduction of an image of Leonaro da Vinci’ s(1452 – 1519) painting Mona Lisa.
Duchamp(1887-1968) drew a moustache and goatee on this reproduction and added the letters L.H.O.O.Q. The name of this readymade is a pun - the letters for the sentence
Elle a chaud au cul, which , when translated into English, means ‘She has a hot arse’.

Other well known examples include Titan's Venus of Urbino which has been appropriated many times over the years by artist such as Manet, Wesselman , Mark Ryden.

In the past, one way for artists to learn their skill or craft was to investigate the use o materials and techniques of other artists and to copy their work.
Artists often collected the drawings of other artists
for this purpose.

In the sixteenth century, after the printing press had been invented, drawings were intentionally copied, printed and widely distributed for personal study.
Editions of prints and the availability of drawings encouraged the private collection, sale and marketing of such artworks , and arguably also in some cases contributed to the preservation of these items.
In the nineteenth century , students at the newly established National Gallery of Art School in Melbourne would frequently draw from existing plaster casts and models.
How often today do we see artists in a gallery drawing, duplicating and photographing other artists work?
Ricky Swallow is an artist whose early influences and sources of inspiration
include popular culture and film.

Why do Artists Appropriate?

There are a number of reasons why an artist may appropriate the work of another artist.
We can see that an image by another artist in another medium can be a source of inspiration for some artists in the work of Ricky swallow.

The Chapman Brothers Sculptural version of Goya’s painting is another good example of this.
Other reasons why artists use appropriation is often to question the value of an artwork in terms of its importance. Andy Warhol's Campbell Soup Cans are a perfect example of this.

In Model for a sunken Monument, Swallow creates a work based on the head of Darth Vader – the well known character in George Lucas’ Star Wars films.
This works raises interesting questions about appropriation and copyright.

Another example is Duchamp. He was making a comment about art as a precious object and how we view it as a commodity.

He is also interested in the definition of artwork and the authenticity of an artwork. He asks the questions - does an artwork
HAVE to demonstrate the hand of the artist in the skillful use of technique.

By using well known artworks and objects, Duchamp is also challenging his own
artwork and it’s acceptability and his role as an artist.

He is raising issues about the artist as genius and in fact suggesting that art can be about ideas.

John Brack (1920 – 99) appropriated a well known image by French nineteenth Century artist Edouard Manet (1832 – 83),
as an acknowldgement of his own knowledge of art history. This painting pays homage to the artist.

Brack re contextualized the subject matter and composition for a Melbourne
context in his work The Bar.

Brack has included a portrait of himself in the mirror. It is a personalized comment on his own experience as he frequented a
Melbourne bar on his way home from work in the 1950’s.

"Intellectual property" is a general term covering a number of areas of law. It refers to intangible property that is the result of creativity, such as patents, copyrights, etc. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.
But is Appropriation
copying or stealing?
Why do Artists Appropriate?
Why do Artists Appropriate?
* What is copyright? Write a definition for this
* What does copyright apply to?
* How does an artist get copyright?
* What meant by the term Intellectual Property?
* Discuss copyright and artists
* What is fair dealing?
* What are moral rights?
* Discuss copyright and literary works

* What is appropriation?
* Why do artists use appropriation?
* Give examples of 3 artists who use appropriation and discuss why they do this.

Andy Warhol is another artist who constantly used well known images from popular culture in his own work.
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