APPROPRIATION

Appropriation In the visual arts, the term appropriation often refers to the use of borrowed elements in the creation of new work. The borrowed elements may include images, forms or styles from art history or from popular culture, or materials and techniques from non-art contexts. Since the 1980s the term has also referred more specifically to quoting the work of another artist to create a new work. Appropriation is one feature of Post-Modern art (from approximately 1970s onward).

Appropriation Appropriation may be carried out for various reasons….. Pay respect or admire other art (homage) Create new meaning To challenge ideas about art or topics To learn style or technique Question the concept of originality or / artistic tradition Appropriation is not just copying as it is CONSCIOUSLY trying to communicate through borrowing

Past exam # (Studio Arts) - Many artists choose to incorporate the ideas and image of other artists in their work. Refer to a specific example of appropriation and discuss factors which require consideration in this practice.

Max Dupain The Sunbaker, 1937 Anne Zahalka The Sunbather #2, 1989

Originality Originality can be defined as being an artist’s own work which has stemmed from their individual, creative and innovative mind. Artworks that are distinct from others and copies, created by an original person who produced the work. The unique way the artist’s work may be new and different to that of any other artists.

Appropriation of subject – Taking the subject and composition but changing the style Adam Pynacker (Neth), 1660 Boatmen Moored On A Lake Shore Sam Leach (Aus), 2010 Proposal for Landscaped Cosmos

MAIN ISSUES Copyright law (LEGAL) Moral rights (ETHICAL)

Copyright (Legal) Copyright is the legal right of an artist which protects their work from being copied or plagiarized without consent. The Copyright Act of 1968 prohibits anyone from copying or recreating the work of another artist without permission or consent to do so Copyright automatically exists when a work is created and extends for the life of an artist plus an additional 70 years after their death. If an artist chooses to use someone else’s work it is important that they do not breach copyright or plagiarism may occur and legal action may be taken against them. The greatest right of the copyright act granted to an artist is to prevent their work from being copied in any material form such as filmed, photocopied or used in some manner without consent.

Gordon Bennett was influenced by African American Jean-Michel Basquiat as you see in ‘Notes to Basquiat: Culture Bag’ 1999. In this case copyright would still exist as it has not been more than 70 years since Basquiat’s death. Bennett would have checked the details of copyright before using his work and would have sought permission. Copyright is a legal right to prevent others from doing certain things such as copying and making available online. Bennett pays homage to Basquiat by adopting elements of his style through his graffiti like approach to text. Gordon Bennett ‘Notes to Basquiat: Culture Bag’ 1999

Moral Rights (Ethical) Since December 2000, Australian artists have been given the right to moral rights. This enables the artist to still exercise some power over what happens to their artwork. If an artist decides to sell their artwork, regardless of whether the copyright has been passed down or not, artists can still prevent their work from being altered in a way which may damage the integrity of the artist. If a change has been negotiated between the owner and the buyer, then there has not been a breach of moral right. However, if the artwork is created in a derogatory manner without permission, then there has been a breach in the artist’s moral right.

Moral Rights (Ethical) There are two basic rights which appropriating artists must be aware of to avoid legal action, prosecution and a damaging reputation. Right of attribution: The right to be identified as the original creator of the work. Right of integrity: The right to prevent work from being treated in a derogatory manner. Both laws stand to facilitate and preserve the originality and integrity of artists and their work. The moral rights of artists refer to the right not to have their work physically damaged, mutilated or altered in such a way that it will denigrate the work or the artist. It is also the right of the artists not to have their ‘good name’ denigrated by misuse or false advertising or representation of their work.

Example Despite his work being produced in 1999 Bennett pays homage to Basquiat by attributing to him in the title of his artwork ‘Notes to Basquiat: Culture Bag’. Artists must not treat or distort the artwork in a way that is prejudicial to the honour or reputation of the artist. Bennett clearly shows his admiration towards Basquiat as he wrote a letter after his death stating ‘my intention is in keeping with the integrity of the artwork in which appropriation, sampling and citing are an integral part of as we (are) attempting to communicate the basic underlying humanity of perception to ‘blackness.’

Past exam # (Studio Arts) Discuss a legal obligation and an ethical consideration that an artist might consider when using another artist’s work to make a new artwork.

Legal obligation: Copyright law is set out in the Copyright Act 1968 and is a type of legal protection to people who produce things like artwork. It lasts for the creator’s life plus 70 years after death. Gordon Bennett was influenced by African American Jean- Michel Basquiat as you see in ‘Notes to Basquiat: Culture Bag 1999. In this case copyright would still exist as it has not been more than 70 years since Basquiat’s death. Bennett would have checked the details of copyright before using his work and would have sought permission. Copyright is a legal right to prevent others from doing certain things such as copying and making available online. Bennett pays homage to Basquiat by adopting elements of his style through his graffiti like approach to text. Ethical consideration: In December 2000 the Federal Government passed legislation that awarded artists ‘moral rights’ over their work. These are the rights to be attributed as the creator of the work. Despite his work being produced in 1999 Bennett pays homage to Basquiat by attributing to him in the title of his artwork ‘Notes to Basquiat: Culture Bag’. Artists must not treat or distort the artwork in a way that is prejudicial to the honour or reputation of the artist. Bennett clearly shows his admiration towards Basquiat as he wrote a letter after his death stating ‘my intention is in keeping with the integrity of the artwork in which appropriation, sampling and citing are an integral part of as we (are) attempting to communicate the basic underlying humanity of perception to ‘blackness.’

Licensing Agreement Licensing agreements occur if an artist has exclusive permission to use the work of another. If an agreement exists they cannot be charged with breaching copyright. An artist should consider obtaining one before using the work of another to avoid the legal implications that may arise if the law is breached. Usually they come in the form of a ‘remedy’ which may be a monetary sum.