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Teaching the Law & Ethics of Image Use
Alex WatkinsArt & Architecture Librarian
University of Colorado Boulder
Art has always built on the Past
Apollo Belevedere Michelangelo, David
Titian, Venus of Urbino
Manet, Olympia
Picasso, Women with a Straw Hat Jasper Johns, After Picasso
Lichtenstein, Whaam and the comic source
Jeff Koons, Niagara FallsAndrea Blanch, Silk Sandals by Gucci
Images essential in a digital age
• Blogs• Presentations• Papers• Digital Scholarship• Websites• Flyers• Social Media• Art• Videos
Recycling imagery feels comfortable and commonplace. If one lives in a forest, wood will likely become one’s medium for creative play. If one grows up in a world filled with cheap, disposable images, they easily become the stuff of one’s own creative expression
Olivia Gude
Session Plan
• Copyright & Fair Use• Teaching the law of image use• Ethics in image use• Teaching ethics• Case studies discussion
What is the purpose of copyright?
To promote creation of culture
By rewarding creators with limited monopoly
Applies only to Fixed Expression not the Idea
Ed Ruscha, Some Real Estate Opportunities Eric Doeringer
Copyright for ImagesTwo Potential Layers of Copyright:The underlying object & the photograph
Public Domain + Sufficiently Creative
Photo has copyright
Photo does not have copyright
Work does not have copyrightWork has copyright
What is Fair Use?
It is legal, unauthorized use of copyrighted material
Allowed because the culture created is more valuable than the monopoly
It creates a space for creativity, and is a safety valve for free speech
The Four factors:Purpose and character of your use
Picasso Guitar, Newspaper, Glass, Bottle
The Four Factors:The nature of the copyrighted work
Four Factors:The amount and substantiality of the portion taken
Four Factors:The effect of the use upon the potential market
Shepard Fairey Mannie Garcia
Fair Use Narratives
Teaching Copyright & Fair Use• No copyright scares, the point is not
to make students afraid.• Case Studies + Discussion/Debate• Have Students come up with their
own fair use narratives for their work.• Also an opportunity to discuss
Creative Commons and how to find images effectively.
Jeff Koons, String of PuppiesArt Rogers, Puppies
Ethics in Image Use
Tom Forsythe, Food Chain Barbie
Jeff Koons, String of PuppiesArt Rogers, Puppies
Vaseline Ad, Sea of Skin
Spencer Turk photograph
Gillian Wearing, Signs that say what you want them to say and not signs that say what someone else wants you to say
Jeff Koons, String of PuppiesArt Rogers, Puppies
Patricia Caulfield Andy Warhol
Shepard Fairey Mannie Garcia
Patrick Cariou Richard Prince
Robert Rauschenberg, PullMorton Beebe, Cliff Diver at Acapulco
they think it's just a photograph
Arnold Newman
The reason there’s a legal issue here is because there’s a moral one
Patricia Caulfield
Lisa CongdonStephen Oakes, National Geographic
Christian Marclay, The ClockCory Archangel, Super Mario Clouds
BuzzFeed
Daily Mail
Patrick Cariou, Yes Rasta Richard Prince, Canal Zone
The ethnographic photograph is perhaps the paradigmatic appropriative object, born of an aggressive technology in contexts of political and cultural domination. Such photographs present a fixed point, literally, figurally, and metaphorically, of dispossession and appropriation. They render the bodies of the powerless through the intellectual and ideological categories of the powerful in relation to a series of dynamic axes-race, gender, subjugation, and their social classifications.
Elizabeth Edwards
Patrick Cariou, Yes Rasta Richard Prince, Canal Zone
Patricia Caulfield Andy Warhol
“Warhol had found the original photo in a women’s magazine; it had won second prize in a contest for the best snapshot taken by a housewife”
“Warhol was very innocent of doing a disservice to this photographer because this is not what you might call a ‘remarkable photograph.’ It was not an earthshaking photograph, but Warhol make a remarkable series of paintings out of it”
Rainer Crone
Ivan Karp
Teaching Ethics in Image Use• To separate the legal from the ethical• Even if you can, should you?• We want students to think critically
about their own image use, and how they would feel if the tables were turned.
• All images have subjects, meaning, artistic choices
Richard Prince Case
Richard Prince, Canal Zone
Patrick Cariou, Yes Rasta Richard Prince, Canal Zone
Patricia Caulfield Andy Warhol
Shepard Fairey Mannie Garcia
Robert Rauschenberg, PullMorton Beebe, Cliff Diver at Acapulco
Jeff Koons, String of PuppiesArt Rogers, Puppies
Christian Marclay, The Clock
Thank You
Further ReadingBaselitz, Georg, Kirk Ambrose, Elizabeth Edwards, Ursula Anna Frohne, Cordula Grewe, Daniel Heller-Roazen, Ian Mclean, Saloni Mathur, Lisa Pon, and Iain Boyd Whyte. “Notes from the Field: Appropriation.” Art Bulletin 94, no. 2 (June 2012): 166–86.
Buskirk, Martha. “Commodification as Censor: Copyrights and Fair Use.” October 60 (April 1, 1992): 83–109. doi:10.2307/779036.
Buskirk, Martha. The Contingent Object of Contemporary Art. Cambridge, Mass: MIT Press, 2003.
Gude, O. (2004). Postmodern Principles: In Search of a 21st Century Art Education. Art Education, 57(1), 6–14.
King, Elaine A., and Gail Levin, eds. Ethics and the Visual Arts. New York: Allworth Press, 2006.
McClean, Daniel, ed. The Trials of Art. London: Ridinghouse, 2007.
McClean, Daniel, and Karsten Schubert, eds. Dear Images: Art, Copyright and Culture. London: Ridinghouse, 2002.
Merryman, John Henry. Law, Ethics, and the Visual Arts. 4th ed. London ; New York: Kluwer Law International, 2002.
Nelson, Robert S. “Appropriation.” In Critical Terms for Art History, edited by Robert S. Nelson and Richard Shiff, 160–73. 2nd ed. Chicago: University of Chicago Press, 2003.