1. The Ethics of Images

2. Read the following examples and determine what works can or cannot be used in your AP® Studio Art Exam Portfolio, and what works are legal or illegal under US Law. Check all that apply. OK
= AP® Exam Level 4,5,6
NOT OK
= AP® Exam Level 1,2,3
LEGAL/
Your Own Voice
NOT LEGAL/
Not Your Own Voice
GREAT
for Learning
& Fun
What US Legal Terms or AP® Studio Art Exam Guidelines apply to your decision?
Jim Morrison! Nothing else needs said. You draw him in that outstretched arms pose.
Your friend likes to take pictures of horses. You decide to recreate one as a drawing. You use a grid to reproduce the photo. Your pastel drawing is technically excellent and it looks just like the photo! Your friend is impressed and asks that you draw another one for her.
Mom asks you to use that old family photo of great grand- pappy as a WWII Air Force pilot to make a painting for great grandma’s birthday gift.
You are assigned to do a “Master Drawing” or “Pastiche” as a class assignment.
You like Van Gogh’s painting “Café Terrace”. You go to a local coffee house and create a painting of it using Van Gogh’s style.
You combine the styles, images or ideas of two artists in a “Synthesis” artwork.

3. Check all that apply. OK
= AP® Exam Level 4,5,6
NOT OK
= AP® Exam Level 1,2,3
LEGAL/
Your Own Voice
NOT LEGAL/
Not Your Own Voice
GREAT
for Learning
& Fun
What US Legal Terms or AP® Studio Art Exam Guidelines apply to your decision?
You see a National Geographic photograph of a child in a storm and recreate it exactly …except, you make it a clay sculpture.
Your friend likes to take pictures of horses. You like them so much you decide to use them for a drawing. You use a grid to reproduce 5 horses from different photos. You then combine the horses to draw a heard on the western range.
You use several internet images of drought and floods to create a collage about the environment.
You create a transitional morph image. You use a picture of yourself as a child that you found in an old family album and a picture of a lamb you got in an internet image search.
You draw a model in class and then “place” the model in a room that is an exact copy of the room Magritte painted a big rose in.
You use a character from Ninja Gaiden II in your own 10 frame storyboard drawing.
You use an appropriated colored photograph. You crop out a portion of the photo, warp the picture plane, warp the images and create a drawing in white pencil on black paper
You make an obese version of the Burger King® to comment about how fattening the food is at Berger King® restaurants.

4. At the end of the school year, you and your teacher(s) will be asked to sign an ethics statement verifying that you (the student taking the exam) are the originator of the compositions (the arrangement of the elements and principles on the picture plane) and the sole creator of the artworks (media constructions) contained in the exam portfolio.

5. There are two sources that can provide you with guidelines for what is considered “original” artwork. These include :
US Law & AP® Guidelines

6. US Legal Terms Appropriation
The use of another person’s images or ideas.
Plagiarism
The authorized or unauthorized use of another person’s images or ideas without clear citation of the originator in conjunction with the appropriated idea or image. NOT LEGAL
Satire
The unauthorized use of another person’s images or ideas for a commentary not directly related to the appropriated image or idea. NOT LEAGAL
Parody
The authorized or unauthorized use of another person’s images or ideas for a commentary directly related to the appropriated image or idea. LEGAL
80% Transformation
US law provides for the use of appropriated images and ideas if they are used in a composition that is judged to be 80% different (or transformed) from the original intent of the original image or idea. LEGAL
Copyright
The legal establishment of origination and ownership of an image or composition. Applies to visual images, music, plays, written compositions, and characters, riffs, plots, and sequences contained therein.
Fair Use
Factors involve in establishing fair use: “1. The purpose and the character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; 2. The nature of the copyrighted work. 3. The amount and sustainability of the portion used in relation to the copyrighted work as a whole (80% rule) Transformative. 4. The effect of the use upon the potential market for or value of, the copyrighted work.” (Russel, That’s not funny! Parody, Satire and fair use, part I., 2006, January p. 8).

7. AP® Guidelines
No artwork submitted in the portfolio was derived solely as a direct copy of other person’s image.
All compositions submitted in the portfolio were originated and constructed by the named submitting student.

8. AP® Guidelines Copyright violations Satire Cliché
Works that do not meet highest AP® Exam Levels* include:
Copyright violations
Satire
Cliché
Direct copies of logos & trademarks without parody
Plagiarism
= Direct copies, authorized or unauthorized, of published or photographic sources, or the work of other artists.
* See AP® Studio Art Exam Quality Scoring Levels 1- 6, and AP® Studio Art Poster.

9. 1. Jim Morrison. Nothing else needs said
1. Jim Morrison! Nothing else needs said. You draw him in that outstretched arms pose.

10. 2. Your friend likes to take pictures of horses
2. Your friend likes to take pictures of horses. You like one picture so much you decide to recreate it as a drawing. You use a grid to reproduce the photo. Your pastel drawing is technically excellent and it looks just like the photo! Your friend is impressed and asks that you draw another one for her.
You can do this for learning and for fun but…
It is unethical (not to mention a violation of AP Studio Art Exam guidelines) to copy someone else’s composition AND SUBMIT IT FOR EXAM.

11. 3. Mom asks you to use that old family photo of great-grand- pappy as a WWII Air Force pilot to make a painting for great-grandma’s birthday gift.

12. GREAT for Learning & Fun!
Your family’s photographs are not your compositions!
Why?
Because Uncle Fred composed them!
But it is fun and great practice to render them in media.
Great Auntie Martha will cry at the memories, and your talent.
This is not a bad thing. It is fun and great practice to render existing historical images in media.
But it is a bad thing for an artist to say “This is Mine”, because it is not YOUR compositional VOICE!
That is a lie and a theft and is Plagiarism

13. 8. You are assigned to do a “Pastiche” as a class assignment.

14. 8. You are assigned to do a “Master Drawing” as a class assignment.

15. 5. You like Van Gogh’s painting “Café Terrace”
5. You like Van Gogh’s painting “Café Terrace”. You go to a local coffee house and create a painting of it using Van Gogh’s style.

16. 6. You combine the styles, images or ideas of two artists in a “Synthesis” artwork.

17. 7. You see a National Geographic photograph of a child in a storm and recreate it exactly, except you make it a clay sculpture.

18. How US Laws Define “ORIGINAL” Koons vs. Rogers
7. You see a National Geographic photograph of a child in a storm and recreate it exactly in clay.
How US Laws Define “ORIGINAL” Koons vs. Rogers
Satire = Work is appropriated to make an unrelated point.

19. 7. You see a National Geographic photograph of a child in a storm and recreate it exactly, except you make it a clay sculpture.

20. 6. Your friend likes to take pictures of horses
6. Your friend likes to take pictures of horses. You like them so much you decide to use them for a drawing. You use a grid to reproduce 5 horses from different photos. You then combine the horses to draw a heard on the western range.

21. Blanch vs. Koons The Silk Sandal

22. 7. You use several internet images of drought and floods to create a collage about the environment.

23. 8. You create a transitional morph image
8. You create a transitional morph image. You use a picture of yourself as a child that you found in an old family album and a picture of a lamb you got in an internet image search.

24. 9. You draw a model in class and then “place” the model in a room that is an exact copy of the room Magritte painted a big rose in.

25. 10. You use a character from Ninja Gaiden II in your own 10 frame storyboard drawing.

26. 12. You use an appropriated colored photograph
12. You use an appropriated colored photograph. You crop out a portion of the photo, warp the picture plane, warp the images and create a drawing in white pencil on black paper.

27. How US Laws Define “ORIGINAL””
Parody = The material appropriated must itself be the object of artistic derision. LEGAL
Photographer Annie Leibovitz took a very serious portrait of Demi Moore to bring appreciation for the beauty of the female form as a holder of life.
For the Naked Gun movie, Paramount pictures appropriated that photo’s composition and figurative pose and substituted Leslie Nielson’s smirking face.
Leibovitz sued claiming copyright infringement.
The court ruled in favor of Paramount Pictures. The courts' reasoning for this decision was that the Paramount image was intentionally poking fun specifically at the pretentious nature of that specific Leibovitz image. To help us see the pretentiousness of the original photograph, use of compositional portions the original photograph were necessary to be appropriated. (Russel, That’s not funny! Parody, Satire and fair use, part I., 2006, January)
The court found that the ideas were directly aligned “The law encourages parody, because such criticism fosters the creativity protected under the copyright law. “The work copied must be at least in part the object of the parody” (Russel, That’s not funny! Parody, Satire and fair use, part I., 2006, January) p. 8. Parody is transformative and substantial.
By the way reproduction of artwork for the purpose of classroom reviewing of art does not violate copyright. (Lipinski, 2007)

28. 12. You make an obese version of the Burger King® to comment about how fattening the food is at Berger King® restaurants.