Appropriation and Developing Student Voice a. k. a Appropriation and Developing Student Voice a.k.a. Fair Use of Photo Reference AND FanArt isn’t appropriate for AP Studio Art even though I know you love it brookehl@wowway.com

Questions for group contemplation: A What level of familiarity do you have with appropriation and contemporary art? B What other art forms use appropriation? C Does it feel safer to work from a photo or another person’s art? Why or why not? D Are there times when copying from a photo is okay? If you make a drawing or a sculpture from another person’s image is it your own original work? E Do you understand your role/responsibilities as an artist? F Are there guidelines we can suggest?

from Design Essentials

Patrick Cariou image, left vs. Richard Prince image, right ended up: Richard Prince and Gagosian Gallery are free from any copyright infringement issues March 2014

plagiarism - The taking of ideas, writings or other creative work of someone else, passing them off as one's own. From ARTLEX.COM http://hyperallergic.com/62026/when-is-appropriation-just-copying/

Is Fan Art Illegal? By Josh Wattles Easily half the artists exhibiting at any mainstream Comic Con or Anime Show make and sell fan art. And by “fan art” I mean merchandise featuring characters the artist does not own: prints, buttons, tee shirts, key chains, hats, tote bags—I even saw Captain American mittens at the last show I attended. And if you count the amount of artists who offer one-of-a-kind, original commission sketches of copyrighted characters, the percentage shoots way higher. Surely Marvel owns the right to Captain America, we think, even if that sweet girl sitting at the booth was the one to knit the mittens. But the question is: Does Marvel really care? When it comes to fan art: What is legal, and what is not?

There is a lot of myth that clouds the truth of fan art in regards to what you can and cannot be sued for. Perhaps you’ve heard some of the following myths: • One-of-a-kind, original drawings and paintings are legal. • Since everyone does it, copyright holders must not care. • If I only sell fan art at conventions, and not online or in stores, it is okay. • If I’m not making a profit from my fan art, it is legal to draw someone else’s characters. So watch this video and be informed. “I didn’t know it wasn’t legal” does not stand up in court. Excerpt from Chris Oatley’s website featuring a full video of by Deviant Art executive and lawyer Josh Wattles. Watch the full lecture at: http://chrisoatley.com/fan-art/

Is Fan Art Illegal? YES

Remember that it is unethical, constitutes plagiarism, and often violates copyright law to simply copy a work of art (even in another medium) that was made by someone else and represent it as your own. If you submit work that uses other artists’ work or imagery you’ll need to show substantial and significant development beyond duplication through manipulation of the formal qualities, design, and/or concept of the source. Your individual “vision” should be clearly present. Excerpt from The College Board Advanced Placement Studio Art Brochure 2015-16

What kind of reference do you need? Photos Props Research Concept BECOME THE ART DIRECTOR What kind of reference do you need? Photos Props Research Concept