If the Copy Is an Artwork, Then What’s the Original?

“Since the late 1970s, when Richard Prince became known as a pioneer of appropriation art — photographing other photographs, usually from magazine ads, then enlarging and exhibiting them in galleries — the question has always hovered just outside the frames: What do the photographers who took the original pictures think of these pictures of their pictures, apotheosized into art but without their names anywhere in sight?”

If the Copy Is an Artwork, Then What’s the Original? RANDY KENNEDY New York Times 12/6/07

Posted by: Tanya

Advertisements

One response to “If the Copy Is an Artwork, Then What’s the Original?

  1. Prince is relying on the “fair use” element of copyright law. Whether or not his “appropriation” (nice word) of Jim Krantz’s original photo is actually fair use is open for debate.

    As a commercial photographer, Krantz had to sell the rights to the photo to the company that hired him. It would take initiative by that company to challenge whether Prince’s usage is in fact “fair use”

    This is what copyright law says about fair use
    ————————-
    In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work.

    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s