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Appropriation (art)

In art, appropriation is the use of pre-existing objects or images with little or no transformation applied to them.[1] The use of appropriation has played a significant role in the history of the arts (literary, visual, musical and performing arts). In the visual arts, "to appropriate" means to properly adopt, borrow, recycle or sample aspects (or the entire form) of human-made visual culture. Notable in this respect are the readymades of Marcel Duchamp.

Inherent in the understanding of appropriation is the concept that the new work recontextualizes whatever it borrows to create the new work. In most cases, the original "thing" remains accessible as the original, without change.

Definition edit

Appropriation, similar to found object art is "as an artistic strategy, the intentional borrowing, copying, and alteration of preexisting images, objects, and ideas".[2] It has also been defined as "the taking over, into a work of art, of a real object or even an existing work of art."[3] The Tate Gallery traces the practice back to Cubism and Dadaism, and continuing into 1940s Surrealism and 1950s Pop art. It returned to prominence in the 1980s with the Neo-Geo artists,[3] and is now common practice amongst contemporary artists like Richard Prince, Sherrie Levine, and Jeff Koons.[4]

History edit

 
Marcel Duchamp Fountain, 1917, photograph by Alfred Stieglitz at 291 (art gallery) following the 1917 Society of Independent Artists exhibit, with entry tag visible. The backdrop is The Warriors by Marsden Hartley.[5]

19th century edit

Many artists made references to works by previous artists or themes.

In 1856 Ingres painted the portrait of Madame Moitessier. The unusual pose is known to have been inspired by the famous ancient Roman wall painting Herakles Finding His Son Telephas. In doing so, the artist created a link between his model and an Olympian goddess.[6]

Edouard Manet painted Olympia in 1865, inspired by Titian's Venus of Urbino. His painting Le Déjeuner sur l'herbe was also inspired by the work of the Old Masters; specifically, its composition is based on a detail of Marcantonio Raimondi's The Judgement of Paris (1515).[7]

Gustave Courbet is believed to have seen the famous color woodcut The Great Wave off Kanagawa by Japanese artist Katsushika Hokusai before painting a series of the Atlantic Ocean during the summer of 1869.[8]

Vincent van Gogh can be named with the examples of the paintings he did inspired by Jean Francois Millet, Delacroix, or the Japanese prints he had in his collection.[9] In 1889, Van Gogh created 20 painted copies inspired by Millet black-and-white prints. He enlarged the compositions of the prints and then painted them in colour according to his own imagination. Vincent wrote in his letters that he had set out to "translate them into another language". He said that it was not simply copying: if a performer "plays some Beethoven he'll add his personal interpretation to it… it isn't a hard and fast rule that only the composer plays his own compositions".[10] More examples can be found on Copies by Vincent van Gogh.

Claude Monet, a collector of Japanese prints, created several works inspired by these such as The Garden at Sainte-Adresse, 1867 inspired by Fuji from the Platform of Sasayedo by Katsushika Hokusai ; The Water Lily Pond series Under Mannen Bridge at Fukagawa, 1830-1831 by Hokusai or La Japonaise, 1876 likely inspired by Kitagawa Tsukimaro Geisha, a pair of hanging scroll paintings, 1820-1829.[11][12][13]

First half of the 20th century edit

In the early twentieth century Pablo Picasso and Georges Braque appropriated objects from a non-art context into their work. In 1912, Picasso pasted a piece of oil cloth onto the canvas.[14] Subsequent compositions, such as Guitar, Newspaper, Glass and Bottle (1913) in which Picasso used newspaper clippings to create forms, is early collage that became categorized as part of synthetic cubism. The two artists incorporated aspects of the "real world" into their canvases, opening up discussion of signification and artistic representation.

Marcel Duchamp in 1915 introduced the concept of the readymade, in which "industrially produced utilitarian objects...achieve the status of art merely through the process of selection and presentation."[15] Duchamp explored this notion as early as 1913 when he mounted a stool with a bicycle wheel and again in 1915 when he purchased a snow shovel and inscribed it "in advance of the broken arm, Marcel Duchamp."[16][17] In 1917, Duchamp organized the submission of a readymade into the Society of Independent Artists exhibition under the pseudonym, R. Mutt.[18] Entitled Fountain, it consisted of a porcelain urinal that was propped atop a pedestal and signed "R. Mutt 1917". The work posed a direct challenge, starkly juxtaposing to traditional perceptions of fine art, ownership, originality and plagiarism, and was subsequently rejected by the exhibition committee.[19] The New York Dada magazine The Blind Man defended Fountain, claiming "whether Mr. Mutt with his own hands made the fountain or not has no importance. He CHOSE it.[20] He took an ordinary article of life, placed it so that its useful significance disappeared under the new title and point of view—and created a new thought for that object."[19]

The Dada movement continued to play with the appropriation of everyday objects and their combination in collage. Dada works featured deliberate irrationality and the rejection of the prevailing standards of art. Kurt Schwitters shows a similar sensibility in his "merz" works. He constructed parts of these from found objects,[21] and they took the form of large gesamtkunstwerk constructions that are now called installations.

During his Nice Period (1908–1913), Henri Matisse painted several paintings of odalisques, inspired by Delacroix Women of Algiers.[22][23][24]

The Surrealists, coming after the Dada movement, also incorporated the use of 'found objects', such as Méret Oppenheim's Object (Luncheon in Fur) (1936) or Salvador Dalí's Lobster Telephone (1936). These found objects took on new meaning when combined with other unlikely and unsettling objects.

1950–1960: Pop art and realism edit

In the 1950s, Robert Rauschenberg used what he dubbed "combines", combining readymade objects such as tires or beds, painting, silk-screens, collage, and photography. Similarly, Jasper Johns, working at the same time as Rauschenberg, incorporated found objects into his work.

In 1958 Bruce Conner produced the influential A Movie in which he recombined existing film clips. In 1958 Raphael Montanez Ortiz produced Cowboy and Indian Film, a seminal appropriation film work.[citation needed]

The Fluxus art movement also utilized appropriation:[25] its members blended different artistic disciplines including visual art, music, and literature. Throughout the 1960s and 1970s they staged "action" events and produced sculptural works featuring unconventional materials.

In the early 1960s artists such as Claes Oldenburg and Andy Warhol appropriated images from commercial art and popular culture as well as the techniques of these industries with for example Warhol painting Coca-Cola bottles.[26] Called "pop artists", they saw mass popular culture as the main vernacular culture, shared by all irrespective of education. These artists fully engaged with the ephemera produced from this mass-produced culture, embracing expendability and distancing themselves from the evidence of an artist's hand.

Among the most famous pop artists, Roy Lichtenstein became known for appropriating pictures from comics books with paintings such as Masterpiece (1962) or Drowning Girl (1963) and from famous artists such as Picasso or Matisse.[27]

Elaine Sturtevant (also known simply as Sturtevant), on the other hand, created replicas of famous works by her contemporaries. Artists she 'copycatted' included Warhol, Jasper Johns, Joseph Beuys, Duchamp, James Rosenquist, Roy Lichtenstein, and more. While not exclusively reproducing Pop Art, that was a significant focus of her practice.[28] She replicated Andy Warhol's Flowers in 1965 at the Bianchini Gallery in New York. She trained to reproduce the artist's own technique—to the extent that when Warhol was repeatedly questioned on his technique, he once answered "I don't know. Ask Elaine."[29]

In Europe, a group of artists called the New Realists used objects such as the sculptor Cesar[30] who compressed cars to create monumental sculptures or the artist Arman[31] who included everyday machine-made objects—ranging from buttons and spoons to automobiles and boxes filled with trash.

The German artists Sigmar Polke and his friend Gerhard Richter who defined "Capitalist Realism," offered an ironic critique of consumerism in post-war Germany. They used pre existing photographs and transformed them. Polke's best-known works were his collages of imagery from pop culture and advertising, like his "Supermarkets" scene of super heroes shopping at a grocery store.[32]

1970–1980: The Picture Generation and Neo Pop edit

 
Richard Prince, Covering Hannah (1987 Buick Grand National)
 
Three Ball Total Equilibrium Tank (1983) by Jeff Koons, Tate Liverpool

Whilst appropriation in bygone eras utilised the likes of 'language', contemporary appropriation has been symbolised by photography as a means of 'semiotic models of representation'.[33] The Pictures Generation was a group of artists, influenced by Conceptual and Pop art, who utilized appropriation and montage to reveal the constructed nature of images.[34] An exhibition named The Pictures Generation, 1974–1984 was held at The Metropolitan Museum of Art (The Met) in New York City from April 29 – August 2, 2009 that included among other artists John Baldessari, Barbara Kruger, Sherrie Levine, Richard Prince, David Salle, Cindy Sherman.

Sherrie Levine, who addressed the act of appropriating itself as a theme in art.[35] Levine often quotes entire works in her own work, for example photographing photographs of Walker Evans. Challenging ideas of originality, drawing attention to relations between power, gender and creativity, consumerism and commodity value, the social sources and uses of art, Levine plays with the theme of "almost same".

During the 1970s and 1980s Richard Prince re-photographed advertisements such as for Marlboro cigarettes[36] or photo-journalism shots. His work takes anonymous and ubiquitous cigarette billboard advertising campaigns, elevates the status and focuses our gaze on the images.

Appropriation artists comment on all aspects of culture and society. Joseph Kosuth appropriated images to engage with epistemology and metaphysics.

Other artists working with appropriation during this time with included Greg Colson, and Malcolm Morley.[citation needed]

In the late 1970s Dara Birnbaum was working with appropriation to produce feminist works of art.[37] In 1978-79 she produced one of the first video appropriations. Technology/Transformation: Wonder Woman utilised video clips from the Wonder Woman television series.[38]

Richard Pettibone began replicating on a miniature scale works by newly famous artists such as Andy Warhol, and later also modernist masters, signing the original artist's name as well as his own.[39][32]

Jeff Koons gained recognition in the 1980 by creating conceptual sculptures The New series, a series of vacuum-cleaners, often selected for brand names that appealed to the artist like the iconic Hoover, and in the vein of the readymades of Duchamp. Later he created sculptures in stainless steel inspired by inflatable toys such as bunnies or dogs.[40][41]

1990s edit

 
Fountain (Buddha) a bronze remake by Sherrie Levine, 1996

In the 1990s artists continued to produce appropriation art, using it as a medium to address theories and social issues, rather than focussing on the works themselves. This typically is the case of Peruvian painter Herman Braun-Vega, in whom the appropriation of the works of the old masters is almost systematic[42] and who, after beginning by making painted commentaries of the painting of others in the late 1960s,[43] ends up putting the characters borrowed from Western painting iconography in the presence of the social and political reality of his time.[44] The great triptych from the permanent collection of the Ralli Marbella Museum [es] The Informal Family (Velazquez, Goya, Picasso)[45] is an example of multiple appropriations coexisting within the same work with the painter’s contemporaries in scenes describing the social situation in third world countries where the family in the broad sense is a circle of subsistence economy.[46] Braun-Vega recontextualises appropriated works and gives them a new meaning.[47] For his part, Damian Loeb used film and cinema to comment on themes of simulacrum and reality. Other high-profile artists working at this time included Christian Marclay, Deborah Kass, and Genco Gulan.[48]

Yasumasa Morimura is a Japanese appropriation artist who borrows images from historical artists (such as Édouard Manet or Rembrandt) to modern artists as Cindy Sherman, and inserts his own face and body into them.[49]

Saulteaux First Nations artist Robert Houle gained prominence through his appropriation of historical images and documents to criticize historical violence against Indigenous peoples in Canada.[50] Houle's work Kanata (1992) utilized imagery from Benjamin West's The Death of General Wolfe (1770), forgoing color in most of the frame to instead highlight the imagery of a Delaware warrior inserted by West.[50]

Sherrie Levine appropriated the appropriated when she made polished cast bronze urinals named Fountain. They are considered to be an "homage to Duchamp's renowned readymade. Adding to Duchamp's audacious move, Levine turns his gesture back into an "art object" by elevating its materiality and finish. As a feminist artist, Levine remakes works specifically by male artists who commandeered patriarchal dominance in art history."[51]

21st century edit

Appropriation is frequently used by contemporary artists who often reinterpret previous artworks such as French artist Zevs who reinterpreted logos of brands like Google or works by David Hockney.[52] Many urban and street artists also use images from the popular culture such as Shepard Fairey or Banksy,[53] who appropriated artworks by Claude Monet or Vermeer with his girl with a pierced eardrum.[54]

Canadian Cree artist Kent Monkman appropriates iconic paintings from European and North American art history and populates them with Indigenous visions of resistance.[55]

In 2014 Richard Prince released a series of works titled New Portraits appropriating the photos of anonymous and famous persons (such as Pamela Anderson) who had posted a selfie on Instagram.The modifications to the images by the artist are the comments Prince added under the photos.[56][57]

Damien Hirst was accused in 2018 of appropriating the work of Emily Kngwarreye and others from the painting community in Utopia, Northern Territory with the Veil paintings, that according to Hirst were "inspired by Pointillist techniques and Impressionist and Post-Impressionist painters such as Bonnard and Seurat".[58][59][60][61]

Mr. Brainwash[62] is an urban artist who became famous thanks to Banksy and whose style fuses historic pop imagery and contemporary cultural iconography to create his version of a pop–graffiti art hybrid first popularized by other street artists.[63]

Brian Donnelly, known as Kaws, has used appropriation in his series, The Kimpsons, and painted The Kaws Album inspired by the Simpsons Yellow Album which itself was a parody of the cover art for the Beatles album Sgt. Pepper's Lonely Hearts Club Band replaced with characters from the Simpsons.[64] On April 1, 2019, at Sotheby's in Hong Kong, The Kaws Album (2005), sold for 115.9 million Hong Kong dollars, or about $14.7 million U.S. dollars.[65] In addition, he has reworked other familiar characters such as Mickey Mouse, the Michelin Man, the Smurfs, Snoopy, and SpongeBob SquarePants.[66]

In the digital age edit

Since the 1990s, the exploitation of historical precursors is as multifarious as the concept of appropriation is unclear. An unparalleled quantity of appropriations pervades not only the field of the visual arts, but of all cultural areas. The new generation of appropriators considers themselves "archeolog[es] of the present time".[67] Some speak of "postproduction", which is based on pre-existing works, to re-edit "the screenplay of culture".[68] The annexation of works made by others or of available cultural products mostly follows the concept of use. So-called "prosumers"[69]—those consuming and producing at the same time—browse through the ubiquitous archive of the digital world (more seldom through the analog one), in order to sample the ever accessible images, words, and sounds via 'copy-paste' or 'drag-drop' to 'bootleg', 'mashup' or 'remix' them just as one likes. French curator Nicolas Bourriaud coined the neologism Semionaut – a portmanteau of semiotics and astronaut – to describe this. He writes: "DJs, Web surfers, and postproduction artists imply a similar configuration of knowledge, which is characterized by the invention of paths through culture. All three are "semionauts" who produce original pathways through signs."[70] Appropriations have today become an everyday phenomenon.

The new "generation remix"[71]—who have taken the stages not only of the visual arts, but also of music, literature, dance and film—causes, of course, highly controversial debates. Media scholars Lawrence Lessig coined in the begin of the 2000s here the term of the remix culture.[72] On the one hand are the celebrators who foresee a new age of innovative, useful, and entertaining ways for art of the digitized and globalized 21st century. The new appropriationists will not only realize Joseph Beuys' dictum that everyone is an artist but also "build free societies".[73] By liberating art finally from traditional concepts such as aura, originality, and genius, they will lead to new terms of understanding and defining art. More critical observers see this as the starting point of a huge problem. If creation is based on nothing more than carefree processes of finding, copying, recombining and manipulating pre-existing media, concepts, forms, names, etc. of any source, the understanding of art will shift in their sight to a trivialized, low-demanding, and regressive activity. In view of the limitation of art to references to pre-existing concepts and forms, they foresee endless recompiled and repurposed products. Skeptics call this a culture of recycling with an addiction to the past[74]

Some say that only lazy people who have nothing to say let themselves be inspired by the past in this way.[75] Others fear, that this new trend of appropriation is caused by nothing more than the wish of embellishing oneself with an attractive genealogy.[76] The term appropriationism[77] reflects the overproduction of reproductions, remakings, reenactments, recreations, revisionings, reconstructings, etc. by copying, imitating, repeating, quoting, plagiarizing, simulating, and adapting pre-existing names, concepts and forms. Appropriationism is discussed—in comparison of appropriation forms and concepts of the 20th century which offer new representations of established knowledge[78]—as a kind of "racing standstill",[79] referring to the acceleration of random, uncontrollable operations in highly mobilised, fluid Western societies that are governed more and more by abstract forms of control. Unlimited access to the digital archive of creations and easily feasible digital technologies, as well as the priority of fresh ideas and creative processes over a perfect masterpiece leads to a hyperactive hustle and bustle around the past instead of launching new expeditions into unexplored territory that could give visibility to the forgotten ghosts and ignored phantoms of our common myths and ideologies.

Appropriation art and copyright edit

Appropriation art has resulted in contentious copyright issues regarding its validity under copyright law. The U.S. has been particularly litigious in this respect. A number of case law examples have emerged that investigate the division between transformative works and derivative works.[80]

What is fair use? edit

The Copyright Act of 1976 in the United States, provides a defense against copyright infringement when an artist can prove that their use of the underlying work is "fair".

The Act gives four factors to be considered to determine whether a particular use is a fair use:

  1. the purpose and character of the use (commercial or educational, transformative or reproductive, political);
  2. the nature of the copyrighted work (fictional or factual, the degree of creativity);
  3. the amount and substantiality of the portion of the original work used; and
  4. the effect of the use upon the market (or potential market) for the original work.

Examples of lawsuits edit

Andy Warhol faced a series of lawsuits from photographers whose work he appropriated and silk-screened. Patricia Caulfield, one such photographer, had taken a picture of flowers for a photography demonstration for a photography magazine. Without her permission, Warhol covered the walls of Leo Castelli's New York gallery with his silk-screened reproductions of Caulfield's photograph in 1964. After seeing a poster of Warhol's unauthorized reproductions in a bookstore, Caulfield sued Warhol for violating her rights as the copyright owner, and Warhol made a cash settlement out of court.[81]

In 2021, the Second Circuit held that Warhol's use of a photograph of Prince to create a series of 16 silkscreens and pencil illustrations was not fair use. The photograph, taken by celebrity photographer Lynn Goldsmith, was commissioned in 1981 as an artist reference for Newsweek magazine. In 1984, Warhol used the photograph as a source to create a work for Vanity Fair along with 15 additional pieces. Goldsmith was not made aware of the series until after the musician's death in 2016, when Condé Nast published a tribute featuring one of Warhol's works. In its opinion, the Court held that each of the four "fair use" factors favored Goldsmith, further finding that the works were substantially similar as a matter of law, given that "any reasonable viewer . . . would have no difficulty identifying the [Goldsmith photograph] as the source material for Warhol's Prince Series."[82] The Supreme Court affirmed in a 7-2 decision, holding that the licensing of the Orange Prince for use as a magazine cover did not qualify as fair use of a copyrighted photo taken for use in a magazine, leaving for another day whether the painting itself could qualify as fair use.[83]

On the other hand, Warhol's famous Campbell's Soup Cans are generally held to be a non-infringing fair use of the soup maker's trademark, despite being clearly appropriated, because "the public [is] unlikely to see the painting as sponsored by the soup company or representing a competing product. Paintings and soup cans are not in themselves competing products," according to expert trademark lawyer Jerome Gilson.[84]

Jeff Koons has also confronted issues of copyright due to his appropriation work (see Rogers v. Koons). Photographer Art Rogers brought suit against Koons for copyright infringement in 1989. Koons' work, String of Puppies sculpturally reproduced Rogers' black-and-white photograph that had appeared on an airport greeting card that Koons had bought. Though he claimed fair use and parody in his defense, Koons lost the case, partially due to the tremendous success he had as an artist and the manner in which he was portrayed in the media.[citation needed] The parody argument also failed, as the appeals court drew a distinction between creating a parody of modern society in general and a parody directed at a specific work, finding parody of a specific work, especially of a very obscure one, too weak to justify the fair use of the original.

In October 2006, Koons successfully defended a different work by claiming "fair use". For a seven-painting commission for the Deutsche Guggenheim Berlin, Koons drew on part of a photograph taken by Andrea Blanch titled Silk Sandals by Gucci and published in the August 2000 issue of Allure magazine to illustrate an article on metallic makeup. Koons took the image of the legs and diamond sandals from that photo (omitting other background details) and used it in his painting Niagara, which also includes three other pairs of women's legs dangling surreally over a landscape of pies and cakes.

In his decision, Judge Louis L. Stanton of U.S. District Court found that Niagara was indeed a "transformative use" of Blanch's photograph. "The painting's use does not 'supersede' or duplicate the objective of the original", the judge wrote, "but uses it as raw material in a novel way to create new information, new aesthetics and new insights. Such use, whether successful or not artistically, is transformative."

The detail of Blanch's photograph used by Koons is only marginally copyrightable. Blanch has no rights to the Gucci sandals, "perhaps the most striking element of the photograph", the judge wrote. And without the sandals, only a representation of a woman's legs remains—and this was seen as "not sufficiently original to deserve much copyright protection."

In 2000, Damien Hirst's sculpture Hymn (which Charles Saatchi had bought for a reported £1m) was exhibited in Ant Noises in the Saatchi Gallery. Hirst was sued for breach of copyright over this sculpture. The subject was a 'Young Scientist Anatomy Set' belonging to his son Connor, 10,000 of which are sold a year by Hull (Emms) Toy Manufacturer. Hirst created a 20-foot, six-ton enlargement of the Science Set figure, radically changing the perception of the object. Hirst paid an undisclosed sum to two charities, Children Nationwide and the Toy Trust in an out-of-court settlement. The charitable donation was less than Emms had hoped for. Hirst sold three more copies of his sculpture for similar amounts to the first.[85]

Appropriating a familiar object to make an artwork can prevent the artist claiming copyright ownership. Jeff Koons threatened to sue a gallery under copyright, claiming that the gallery infringed his proprietary rights by selling bookends in the shape of balloon dogs.[86] Koons abandoned that claim after the gallery filed a complaint for declaratory relief stating, "As virtually any clown can attest, no one owns the idea of making a balloon dog, and the shape created by twisting a balloon into a dog-like form is part of the public domain."[87]

In 2008, photojournalist Patrick Cariou sued artist Richard Prince, Gagosian Gallery and Rizzoli books for copyright infringement. Prince had appropriated 40 of Cariou's photos of Rastafari from a book, creating a series of paintings known as Canal Zone. Prince variously altered the photos, painting objects, oversized hands, naked women and male torsos over the photographs, subsequently selling over $10 million worth of the works. In March 2011, a judge ruled in favor of Cariou, but Prince and Gargosian appealed on a number of points. Three judges for the U.S. Court of Appeals upheld the right to an appeal.[88] Prince's attorney argued that "Appropriation art is a well-recognized modern and postmodern art form that has challenged the way people think about art, challenged the way people think about objects, images, sounds, culture."[89] On April 24, 2013, the appeals court largely overturned the original decision, deciding that many of the paintings had sufficiently transformed the original images and were therefore a permitted use.[90] See Cariou v. Prince.[91]

In November 2010, Chuck Close threatened legal action against computer artist Scott Blake for creating a photoshop filter that built images out of dissected Chuck Close paintings.[92][93] The story was first reported by online arts magazine Hyperallergic, it was reprinted on the front page of Salon.com, and spread rapidly through the web.[94] Kembrew McLeod, author of several books on sampling and appropriation, said in Wired that Scott Blake's art should fall under the doctrine of fair use.[95]

In September 2014, U.S. Court of Appeals for the Seventh Circuit questioned the Second Circuit's interpretation of the fair use doctrine in the Cariou case. Of particular note, the Seventh Circuit noted that "transformative use" is not one of the four enumerated fair use factors but is, rather, simply part of the first fair use factor which looks to the "purpose and character" of the use. The Seventh Circuit's critique lends credence to the argument that there is a split among U.S. courts as to what role "transformativeness" is to play in any fair use inquiry.[91]

In 2013, Andrew Gilden and Timothy Greene published a law review article in The University of Chicago Law Review dissecting the factual similarities and legal differences between the Cariou case and the Salinger v. Colting case, articulating concerns that judges may be creating a fair use "privilege largely reserved for the rich and famous."[96]

Artists using appropriation edit

The following are notable artists known for their use of pre-existing objects or images with little or no transformation applied to them:

See also edit

References edit

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  4. ^ Tate. "Appropriation – Art Term". Tate Etc. Retrieved 2020-08-18.
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  18. ^ Cabanne, P., and Snowdon, P. (1997). Duchamp & Co. Paris: Terrail, pp. 114
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  42. ^ Román, Élida (2003-01-05). "Herman Braun-Vega: Arte de apropiación". El Comercio (in Spanish). Lima: 29. 'Apropiación' es el primer término que aparece al querer categorizar o clasificar la obra de Herman Braun-Vega. [...] Efectivamente, el autor se 'apropia' de las imágenes que otros crearan. Pero se trata de una utilización que no busca el reemplazo, la reedición o el acoplamiento, sino que ejerce su libertad de darle un contenido nuevo en un contexto creado por él.
  43. ^ Ramón Ribeyro, Julio (1981-05-17). "Herman Braun". Marka (in Spanish). Lima: El Caballo Rojo: 14. Que un pintor utilice como temas de sus cuadros obras de otros pintores no es una novedad. Lo novedoso es ahondar este procedimiento y hacer de él, forzando un poco el término, un sistema. Tal es el caso de Herman Braun. [...] Se podría pues hablar [...] de una metapintura, en la medida en que sus cuadros son comentarios pictóricos de otros cuadros. Pero esta definición resulta estrecha, si se tiene en cuenta la evolución de su obra.
  44. ^ "Herman Braun: trato de ofrecer un testimonio de la situación social" [Herman Braun: I try to offer a testimony of the social situation]. El Comercio (in Spanish). Lima: 16. 1984-11-30. [...] a lo largo de estos quince años, he trabajado con la iconografía de occidente, tratando de ofrecer un testimonio [...] de la situación social.
  45. ^ "La familia Informal | Obra destacada Colección Ralli Braun-Vega". Museo Ralli Marbella.
  46. ^ "Artista en Familia". Caretas (in Spanish). 1995-09-14. pp. 90–91. la pieza central de la muestra es "La familia informal", un gran tríptico que [Braun-Vega] preparó para las celebraciones españolas del V Centenario del llamado encuentro entre dos Mundos, aludiendo tanto a las economías de subsistencia en que viven los habitantes más pobres del tercer mundo, como al mestizaje cultural que este intercambio posibilita
  47. ^ Guerrero Zegarra, María Alexandra (2021-06-01). "El poder se nutre de dogmas. El apropiacionismo en la obra de Herman Braun‑Vega" [The Power is Nourished by Dogmas. The Appropriation in the Work of Herman Braun‑Vega]. LETRAS, revista de investigación científica de la Facultad de Letras y Ciencias Humanas de la Universidad Nacional Mayor de San Marcos (in Spanish). Vol. 92, no. 135. Lima. pp. 177–190. ISSN 0378-4878. the appropriation of the image makes a new meaning in the work, while it is recontextualized and reinterpreted, because the appropriations in the work of this artist has the intention of make a rearticulation of the memory (individual, sociopolitical and historical).
  48. ^ Graf, Marcus (October 6, 2013). . Visual Art Beat. Archived from the original on August 30, 2019. Retrieved November 1, 2013.
  49. ^ Rosenberg, Karen (15 January 2015). "Yasumasa Morimura". The New York Times.
  50. ^ a b Madill, Shirley (2018). Robert Houle: Life & Work. Toronto: Art Canada Institute. ISBN 978-1-4871-0170-1.
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  52. ^ "Upcoming: Zevs – "The Big Oil Splash" @ Lazarides Rathbone « Arrested Motion". ArrestedMotion. Retrieved 2019-09-06.
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  56. ^ Parkinson, Hannah Jane (2015-07-18). "Instagram, an artist and the $100,000 selfies – appropriation in the digital age". The Guardian. ISSN 0261-3077. Retrieved 2020-03-06.
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  69. ^ cf. Toffler, Alvin (1980). The third wave. The classic study of tomorrow. New York: Bantam.
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  74. ^ cf. Reynolds, Simon (2011). Retro Mania Pop Culture's Addiction To Its Own Past. London: Faber & Faber. ISBN 978-0-86547-994-4.
  75. ^ Benjamin Franzen; Kembrew McLeod (2009). Copyright Criminals (documentary film).
  76. ^ cf. Diedrichsen, Diedrich (September 2008). "Showfreaks und Monster". Texte zur Kunst. Artists' Artists. No. 71: 150.
  77. ^ Aden, Maike (April 2016). "Let's dance like we used to.... A critical intervention on a new trend of Appropriationism" (PDF). Kunstchronik. No. 4: 201.
  78. ^ Aden, Maike (Summer 2016). "Ulises Carrión Carries On!". Journal of Artists' Books (JAB). No. 40, in prep.
  79. ^ cf. Virilio, Paul (1992). Rasender Stillstand. München: Hanser.
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  81. ^ "Andy Warhol's Flower Paintings".
  82. ^ Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, 11 F.4th 26, 54 (2d Cir. 2021)
  83. ^ Supreme Court. "Andy Warhol Foundation for Visible Arts v. Goldsmith" (PDF). Supreme Court of the United States. Retrieved 31 May 2023.
  84. ^ as quoted in Grant, Daniel, The Business of Being an Artist (New York: Allworth Press, 1996), p. 142
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  86. ^ Whiting, Sam (February 4, 2011). "Jeff Koons' balloon-dog claim ends with a whimper". The San Francisco Chronicle.
  87. ^ ALLEN, EMMA (January 21, 2011). "6 Hilarious Zingers From the Balloon-Dog Freedom Suit Filed Against Jeff Koons". BlouinArtinfo.
  88. ^ Corbett, Rachel; "A Win for Richard Prince in Copyright Case", Artnet Magazine, 2011
  89. ^ Pollack, Barbara, "Copy Rights", ARTnews LLC, March 22, 2012.
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  91. ^ a b "Seventh Circuit Criticizes Second Circuit's "Transformative Use" Approach to Fair Use | Publications | Proskauer". www.proskauer.com. Retrieved 2015-12-12.
  92. ^ Masnick, Mike. "Chuck Close Succeeds In Stifling A Creative Homage... But Only For Another 100 Years Or So!", Techdirt, July 16, 2012. Retrieved January 27, 2018.
  93. ^ Doctorow, Cory. "Letter to Chuck Close from the digital artist whom he threatened with a lawsuit", BoingBoing, July 11, 2012. Retrieved January 27, 2018.
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  96. ^ "Fair Use for the Rich and Fabulous? | The University of Chicago Law Review | The University of Chicago". lawreview.uchicago.edu. Retrieved 2015-12-12.

Sources edit

  • David Evans, Appropriation: Documents of Contemporary Art, Cambridge: MIT Press 2009

Further reading edit

  • Margot Lovejoy, Digital Currents: Art in the Electronic Age Routledge 2004.
  • (es) Juan Martín Prada (2001) La Apropiación Posmoderna: Arte, Práctica apropiacionista y Teoría de la Posmodernidad. Fundamentos. ISBN 978 84 2450 8814.
  • Brandon Taylor, Collage, Thames & Hudson Ltd, 2006, p. 221.

External links edit

  • Michalis Pichler: Statements on Appropriation
  • Appropriation Art Coalition-Canada
  • Koons Wins Landmark Copyright Lawsuit 1/2006
  • Koons wins appeal (2006)
  • Creative Commons
  • Free Culture an international student movement
  • The New York Institute for the Humanities Comedies of Fair U$e conference (Archive.org)
  • Duchamp
  • transordinator/edition Remixing conceptual artworks
  • Temporary appropriation or in Wikipedia Temporary appropriation.

appropriation, this, article, about, artistic, practice, cultural, practice, cultural, appropriation, another, cultural, practice, reappropriation, appropriation, existing, objects, images, with, little, transformation, applied, them, appropriation, played, si. This article is about an artistic practice For the cultural practice see Cultural appropriation For another cultural practice see Reappropriation In art appropriation is the use of pre existing objects or images with little or no transformation applied to them 1 The use of appropriation has played a significant role in the history of the arts literary visual musical and performing arts In the visual arts to appropriate means to properly adopt borrow recycle or sample aspects or the entire form of human made visual culture Notable in this respect are the readymades of Marcel Duchamp Inherent in the understanding of appropriation is the concept that the new work recontextualizes whatever it borrows to create the new work In most cases the original thing remains accessible as the original without change Contents 1 Definition 2 History 2 1 19th century 2 2 First half of the 20th century 2 3 1950 1960 Pop art and realism 2 4 1970 1980 The Picture Generation and Neo Pop 2 5 1990s 2 6 21st century 3 In the digital age 4 Appropriation art and copyright 4 1 What is fair use 4 2 Examples of lawsuits 5 Artists using appropriation 6 See also 7 References 8 Sources 9 Further reading 10 External linksDefinition editAppropriation similar to found object art is as an artistic strategy the intentional borrowing copying and alteration of preexisting images objects and ideas 2 It has also been defined as the taking over into a work of art of a real object or even an existing work of art 3 The Tate Gallery traces the practice back to Cubism and Dadaism and continuing into 1940s Surrealism and 1950s Pop art It returned to prominence in the 1980s with the Neo Geo artists 3 and is now common practice amongst contemporary artists like Richard Prince Sherrie Levine and Jeff Koons 4 History edit nbsp Marcel Duchamp Fountain 1917 photograph by Alfred Stieglitz at 291 art gallery following the 1917 Society of Independent Artists exhibit with entry tag visible The backdrop is The Warriors by Marsden Hartley 5 19th century edit Many artists made references to works by previous artists or themes In 1856 Ingres painted the portrait of Madame Moitessier The unusual pose is known to have been inspired by the famous ancient Roman wall painting Herakles Finding His Son Telephas In doing so the artist created a link between his model and an Olympian goddess 6 Edouard Manet painted Olympia in 1865 inspired by Titian s Venus of Urbino His painting Le Dejeuner sur l herbe was also inspired by the work of the Old Masters specifically its composition is based on a detail of Marcantonio Raimondi s The Judgement of Paris 1515 7 Gustave Courbet is believed to have seen the famous color woodcut The Great Wave off Kanagawa by Japanese artist Katsushika Hokusai before painting a series of the Atlantic Ocean during the summer of 1869 8 Vincent van Gogh can be named with the examples of the paintings he did inspired by Jean Francois Millet Delacroix or the Japanese prints he had in his collection 9 In 1889 Van Gogh created 20 painted copies inspired by Millet black and white prints He enlarged the compositions of the prints and then painted them in colour according to his own imagination Vincent wrote in his letters that he had set out to translate them into another language He said that it was not simply copying if a performer plays some Beethoven he ll add his personal interpretation to it it isn t a hard and fast rule that only the composer plays his own compositions 10 More examples can be found on Copies by Vincent van Gogh Claude Monet a collector of Japanese prints created several works inspired by these such as The Garden at Sainte Adresse 1867 inspired by Fuji from the Platform of Sasayedo by Katsushika Hokusai The Water Lily Pond series Under Mannen Bridge at Fukagawa 1830 1831 by Hokusai or La Japonaise 1876 likely inspired by Kitagawa Tsukimaro Geisha a pair of hanging scroll paintings 1820 1829 11 12 13 First half of the 20th century edit In the early twentieth century Pablo Picasso and Georges Braque appropriated objects from a non art context into their work In 1912 Picasso pasted a piece of oil cloth onto the canvas 14 Subsequent compositions such as Guitar Newspaper Glass and Bottle 1913 in which Picasso used newspaper clippings to create forms is early collage that became categorized as part of synthetic cubism The two artists incorporated aspects of the real world into their canvases opening up discussion of signification and artistic representation Marcel Duchamp in 1915 introduced the concept of the readymade in which industrially produced utilitarian objects achieve the status of art merely through the process of selection and presentation 15 Duchamp explored this notion as early as 1913 when he mounted a stool with a bicycle wheel and again in 1915 when he purchased a snow shovel and inscribed it in advance of the broken arm Marcel Duchamp 16 17 In 1917 Duchamp organized the submission of a readymade into the Society of Independent Artists exhibition under the pseudonym R Mutt 18 Entitled Fountain it consisted of a porcelain urinal that was propped atop a pedestal and signed R Mutt 1917 The work posed a direct challenge starkly juxtaposing to traditional perceptions of fine art ownership originality and plagiarism and was subsequently rejected by the exhibition committee 19 The New York Dada magazine The Blind Man defended Fountain claiming whether Mr Mutt with his own hands made the fountain or not has no importance He CHOSE it 20 He took an ordinary article of life placed it so that its useful significance disappeared under the new title and point of view and created a new thought for that object 19 The Dada movement continued to play with the appropriation of everyday objects and their combination in collage Dada works featured deliberate irrationality and the rejection of the prevailing standards of art Kurt Schwitters shows a similar sensibility in his merz works He constructed parts of these from found objects 21 and they took the form of large gesamtkunstwerk constructions that are now called installations During his Nice Period 1908 1913 Henri Matisse painted several paintings of odalisques inspired by Delacroix Women of Algiers 22 23 24 The Surrealists coming after the Dada movement also incorporated the use of found objects such as Meret Oppenheim s Object Luncheon in Fur 1936 or Salvador Dali s Lobster Telephone 1936 These found objects took on new meaning when combined with other unlikely and unsettling objects 1950 1960 Pop art and realism edit In the 1950s Robert Rauschenberg used what he dubbed combines combining readymade objects such as tires or beds painting silk screens collage and photography Similarly Jasper Johns working at the same time as Rauschenberg incorporated found objects into his work In 1958 Bruce Conner produced the influential A Movie in which he recombined existing film clips In 1958 Raphael Montanez Ortiz produced Cowboy and Indian Film a seminal appropriation film work citation needed The Fluxus art movement also utilized appropriation 25 its members blended different artistic disciplines including visual art music and literature Throughout the 1960s and 1970s they staged action events and produced sculptural works featuring unconventional materials In the early 1960s artists such as Claes Oldenburg and Andy Warhol appropriated images from commercial art and popular culture as well as the techniques of these industries with for example Warhol painting Coca Cola bottles 26 Called pop artists they saw mass popular culture as the main vernacular culture shared by all irrespective of education These artists fully engaged with the ephemera produced from this mass produced culture embracing expendability and distancing themselves from the evidence of an artist s hand Among the most famous pop artists Roy Lichtenstein became known for appropriating pictures from comics books with paintings such as Masterpiece 1962 or Drowning Girl 1963 and from famous artists such as Picasso or Matisse 27 Elaine Sturtevant also known simply as Sturtevant on the other hand created replicas of famous works by her contemporaries Artists she copycatted included Warhol Jasper Johns Joseph Beuys Duchamp James Rosenquist Roy Lichtenstein and more While not exclusively reproducing Pop Art that was a significant focus of her practice 28 She replicated Andy Warhol s Flowers in 1965 at the Bianchini Gallery in New York She trained to reproduce the artist s own technique to the extent that when Warhol was repeatedly questioned on his technique he once answered I don t know Ask Elaine 29 In Europe a group of artists called the New Realists used objects such as the sculptor Cesar 30 who compressed cars to create monumental sculptures or the artist Arman 31 who included everyday machine made objects ranging from buttons and spoons to automobiles and boxes filled with trash The German artists Sigmar Polke and his friend Gerhard Richter who defined Capitalist Realism offered an ironic critique of consumerism in post war Germany They used pre existing photographs and transformed them Polke s best known works were his collages of imagery from pop culture and advertising like his Supermarkets scene of super heroes shopping at a grocery store 32 1970 1980 The Picture Generation and Neo Pop edit nbsp Richard Prince Covering Hannah 1987 Buick Grand National nbsp Three Ball Total Equilibrium Tank 1983 by Jeff Koons Tate LiverpoolWhilst appropriation in bygone eras utilised the likes of language contemporary appropriation has been symbolised by photography as a means of semiotic models of representation 33 The Pictures Generation was a group of artists influenced by Conceptual and Pop art who utilized appropriation and montage to reveal the constructed nature of images 34 An exhibition named The Pictures Generation 1974 1984 was held at The Metropolitan Museum of Art The Met in New York City from April 29 August 2 2009 that included among other artists John Baldessari Barbara Kruger Sherrie Levine Richard Prince David Salle Cindy Sherman Sherrie Levine who addressed the act of appropriating itself as a theme in art 35 Levine often quotes entire works in her own work for example photographing photographs of Walker Evans Challenging ideas of originality drawing attention to relations between power gender and creativity consumerism and commodity value the social sources and uses of art Levine plays with the theme of almost same During the 1970s and 1980s Richard Prince re photographed advertisements such as for Marlboro cigarettes 36 or photo journalism shots His work takes anonymous and ubiquitous cigarette billboard advertising campaigns elevates the status and focuses our gaze on the images Appropriation artists comment on all aspects of culture and society Joseph Kosuth appropriated images to engage with epistemology and metaphysics Other artists working with appropriation during this time with included Greg Colson and Malcolm Morley citation needed In the late 1970s Dara Birnbaum was working with appropriation to produce feminist works of art 37 In 1978 79 she produced one of the first video appropriations Technology Transformation Wonder Woman utilised video clips from the Wonder Woman television series 38 Richard Pettibone began replicating on a miniature scale works by newly famous artists such as Andy Warhol and later also modernist masters signing the original artist s name as well as his own 39 32 Jeff Koons gained recognition in the 1980 by creating conceptual sculptures The New series a series of vacuum cleaners often selected for brand names that appealed to the artist like the iconic Hoover and in the vein of the readymades of Duchamp Later he created sculptures in stainless steel inspired by inflatable toys such as bunnies or dogs 40 41 1990s edit nbsp Fountain Buddha a bronze remake by Sherrie Levine 1996In the 1990s artists continued to produce appropriation art using it as a medium to address theories and social issues rather than focussing on the works themselves This typically is the case of Peruvian painter Herman Braun Vega in whom the appropriation of the works of the old masters is almost systematic 42 and who after beginning by making painted commentaries of the painting of others in the late 1960s 43 ends up putting the characters borrowed from Western painting iconography in the presence of the social and political reality of his time 44 The great triptych from the permanent collection of the Ralli Marbella Museum es The Informal Family Velazquez Goya Picasso 45 is an example of multiple appropriations coexisting within the same work with the painter s contemporaries in scenes describing the social situation in third world countries where the family in the broad sense is a circle of subsistence economy 46 Braun Vega recontextualises appropriated works and gives them a new meaning 47 For his part Damian Loeb used film and cinema to comment on themes of simulacrum and reality Other high profile artists working at this time included Christian Marclay Deborah Kass and Genco Gulan 48 Yasumasa Morimura is a Japanese appropriation artist who borrows images from historical artists such as Edouard Manet or Rembrandt to modern artists as Cindy Sherman and inserts his own face and body into them 49 Saulteaux First Nations artist Robert Houle gained prominence through his appropriation of historical images and documents to criticize historical violence against Indigenous peoples in Canada 50 Houle s work Kanata 1992 utilized imagery from Benjamin West s The Death of General Wolfe 1770 forgoing color in most of the frame to instead highlight the imagery of a Delaware warrior inserted by West 50 Sherrie Levine appropriated the appropriated when she made polished cast bronze urinals named Fountain They are considered to be an homage to Duchamp s renowned readymade Adding to Duchamp s audacious move Levine turns his gesture back into an art object by elevating its materiality and finish As a feminist artist Levine remakes works specifically by male artists who commandeered patriarchal dominance in art history 51 21st century edit Appropriation is frequently used by contemporary artists who often reinterpret previous artworks such as French artist Zevs who reinterpreted logos of brands like Google or works by David Hockney 52 Many urban and street artists also use images from the popular culture such as Shepard Fairey or Banksy 53 who appropriated artworks by Claude Monet or Vermeer with his girl with a pierced eardrum 54 Canadian Cree artist Kent Monkman appropriates iconic paintings from European and North American art history and populates them with Indigenous visions of resistance 55 In 2014 Richard Prince released a series of works titled New Portraits appropriating the photos of anonymous and famous persons such as Pamela Anderson who had posted a selfie on Instagram The modifications to the images by the artist are the comments Prince added under the photos 56 57 Damien Hirst was accused in 2018 of appropriating the work of Emily Kngwarreye and others from the painting community in Utopia Northern Territory with the Veil paintings that according to Hirst were inspired by Pointillist techniques and Impressionist and Post Impressionist painters such as Bonnard and Seurat 58 59 60 61 Mr Brainwash 62 is an urban artist who became famous thanks to Banksy and whose style fuses historic pop imagery and contemporary cultural iconography to create his version of a pop graffiti art hybrid first popularized by other street artists 63 Brian Donnelly known as Kaws has used appropriation in his series The Kimpsons and painted The Kaws Album inspired by the Simpsons Yellow Album which itself was a parody of the cover art for the Beatles album Sgt Pepper s Lonely Hearts Club Band replaced with characters from the Simpsons 64 On April 1 2019 at Sotheby s in Hong Kong The Kaws Album 2005 sold for 115 9 million Hong Kong dollars or about 14 7 million U S dollars 65 In addition he has reworked other familiar characters such as Mickey Mouse the Michelin Man the Smurfs Snoopy and SpongeBob SquarePants 66 In the digital age editSince the 1990s the exploitation of historical precursors is as multifarious as the concept of appropriation is unclear An unparalleled quantity of appropriations pervades not only the field of the visual arts but of all cultural areas The new generation of appropriators considers themselves archeolog es of the present time 67 Some speak of postproduction which is based on pre existing works to re edit the screenplay of culture 68 The annexation of works made by others or of available cultural products mostly follows the concept of use So called prosumers 69 those consuming and producing at the same time browse through the ubiquitous archive of the digital world more seldom through the analog one in order to sample the ever accessible images words and sounds via copy paste or drag drop to bootleg mashup or remix them just as one likes French curator Nicolas Bourriaud coined the neologism Semionaut a portmanteau of semiotics and astronaut to describe this He writes DJs Web surfers and postproduction artists imply a similar configuration of knowledge which is characterized by the invention of paths through culture All three are semionauts who produce original pathways through signs 70 Appropriations have today become an everyday phenomenon The new generation remix 71 who have taken the stages not only of the visual arts but also of music literature dance and film causes of course highly controversial debates Media scholars Lawrence Lessig coined in the begin of the 2000s here the term of the remix culture 72 On the one hand are the celebrators who foresee a new age of innovative useful and entertaining ways for art of the digitized and globalized 21st century The new appropriationists will not only realize Joseph Beuys dictum that everyone is an artist but also build free societies 73 By liberating art finally from traditional concepts such as aura originality and genius they will lead to new terms of understanding and defining art More critical observers see this as the starting point of a huge problem If creation is based on nothing more than carefree processes of finding copying recombining and manipulating pre existing media concepts forms names etc of any source the understanding of art will shift in their sight to a trivialized low demanding and regressive activity In view of the limitation of art to references to pre existing concepts and forms they foresee endless recompiled and repurposed products Skeptics call this a culture of recycling with an addiction to the past 74 Some say that only lazy people who have nothing to say let themselves be inspired by the past in this way 75 Others fear that this new trend of appropriation is caused by nothing more than the wish of embellishing oneself with an attractive genealogy 76 The term appropriationism 77 reflects the overproduction of reproductions remakings reenactments recreations revisionings reconstructings etc by copying imitating repeating quoting plagiarizing simulating and adapting pre existing names concepts and forms Appropriationism is discussed in comparison of appropriation forms and concepts of the 20th century which offer new representations of established knowledge 78 as a kind of racing standstill 79 referring to the acceleration of random uncontrollable operations in highly mobilised fluid Western societies that are governed more and more by abstract forms of control Unlimited access to the digital archive of creations and easily feasible digital technologies as well as the priority of fresh ideas and creative processes over a perfect masterpiece leads to a hyperactive hustle and bustle around the past instead of launching new expeditions into unexplored territory that could give visibility to the forgotten ghosts and ignored phantoms of our common myths and ideologies Appropriation art and copyright editAppropriation art has resulted in contentious copyright issues regarding its validity under copyright law The U S has been particularly litigious in this respect A number of case law examples have emerged that investigate the division between transformative works and derivative works 80 What is fair use edit Main article Fair use The Copyright Act of 1976 in the United States provides a defense against copyright infringement when an artist can prove that their use of the underlying work is fair The Act gives four factors to be considered to determine whether a particular use is a fair use the purpose and character of the use commercial or educational transformative or reproductive political the nature of the copyrighted work fictional or factual the degree of creativity the amount and substantiality of the portion of the original work used and the effect of the use upon the market or potential market for the original work Examples of lawsuits edit Andy Warhol faced a series of lawsuits from photographers whose work he appropriated and silk screened Patricia Caulfield one such photographer had taken a picture of flowers for a photography demonstration for a photography magazine Without her permission Warhol covered the walls of Leo Castelli s New York gallery with his silk screened reproductions of Caulfield s photograph in 1964 After seeing a poster of Warhol s unauthorized reproductions in a bookstore Caulfield sued Warhol for violating her rights as the copyright owner and Warhol made a cash settlement out of court 81 In 2021 the Second Circuit held that Warhol s use of a photograph of Prince to create a series of 16 silkscreens and pencil illustrations was not fair use The photograph taken by celebrity photographer Lynn Goldsmith was commissioned in 1981 as an artist reference for Newsweek magazine In 1984 Warhol used the photograph as a source to create a work for Vanity Fair along with 15 additional pieces Goldsmith was not made aware of the series until after the musician s death in 2016 when Conde Nast published a tribute featuring one of Warhol s works In its opinion the Court held that each of the four fair use factors favored Goldsmith further finding that the works were substantially similar as a matter of law given that any reasonable viewer would have no difficulty identifying the Goldsmith photograph as the source material for Warhol s Prince Series 82 The Supreme Court affirmed in a 7 2 decision holding that the licensing of the Orange Prince for use as a magazine cover did not qualify as fair use of a copyrighted photo taken for use in a magazine leaving for another day whether the painting itself could qualify as fair use 83 On the other hand Warhol s famous Campbell s Soup Cans are generally held to be a non infringing fair use of the soup maker s trademark despite being clearly appropriated because the public is unlikely to see the painting as sponsored by the soup company or representing a competing product Paintings and soup cans are not in themselves competing products according to expert trademark lawyer Jerome Gilson 84 Jeff Koons has also confronted issues of copyright due to his appropriation work see Rogers v Koons Photographer Art Rogers brought suit against Koons for copyright infringement in 1989 Koons work String of Puppies sculpturally reproduced Rogers black and white photograph that had appeared on an airport greeting card that Koons had bought Though he claimed fair use and parody in his defense Koons lost the case partially due to the tremendous success he had as an artist and the manner in which he was portrayed in the media citation needed The parody argument also failed as the appeals court drew a distinction between creating a parody of modern society in general and a parody directed at a specific work finding parody of a specific work especially of a very obscure one too weak to justify the fair use of the original In October 2006 Koons successfully defended a different work by claiming fair use For a seven painting commission for the Deutsche Guggenheim Berlin Koons drew on part of a photograph taken by Andrea Blanch titled Silk Sandals by Gucci and published in the August 2000 issue of Allure magazine to illustrate an article on metallic makeup Koons took the image of the legs and diamond sandals from that photo omitting other background details and used it in his painting Niagara which also includes three other pairs of women s legs dangling surreally over a landscape of pies and cakes In his decision Judge Louis L Stanton of U S District Court found that Niagara was indeed a transformative use of Blanch s photograph The painting s use does not supersede or duplicate the objective of the original the judge wrote but uses it as raw material in a novel way to create new information new aesthetics and new insights Such use whether successful or not artistically is transformative The detail of Blanch s photograph used by Koons is only marginally copyrightable Blanch has no rights to the Gucci sandals perhaps the most striking element of the photograph the judge wrote And without the sandals only a representation of a woman s legs remains and this was seen as not sufficiently original to deserve much copyright protection In 2000 Damien Hirst s sculpture Hymn which Charles Saatchi had bought for a reported 1m was exhibited in Ant Noises in the Saatchi Gallery Hirst was sued for breach of copyright over this sculpture The subject was a Young Scientist Anatomy Set belonging to his son Connor 10 000 of which are sold a year by Hull Emms Toy Manufacturer Hirst created a 20 foot six ton enlargement of the Science Set figure radically changing the perception of the object Hirst paid an undisclosed sum to two charities Children Nationwide and the Toy Trust in an out of court settlement The charitable donation was less than Emms had hoped for Hirst sold three more copies of his sculpture for similar amounts to the first 85 Appropriating a familiar object to make an artwork can prevent the artist claiming copyright ownership Jeff Koons threatened to sue a gallery under copyright claiming that the gallery infringed his proprietary rights by selling bookends in the shape of balloon dogs 86 Koons abandoned that claim after the gallery filed a complaint for declaratory relief stating As virtually any clown can attest no one owns the idea of making a balloon dog and the shape created by twisting a balloon into a dog like form is part of the public domain 87 In 2008 photojournalist Patrick Cariou sued artist Richard Prince Gagosian Gallery and Rizzoli books for copyright infringement Prince had appropriated 40 of Cariou s photos of Rastafari from a book creating a series of paintings known as Canal Zone Prince variously altered the photos painting objects oversized hands naked women and male torsos over the photographs subsequently selling over 10 million worth of the works In March 2011 a judge ruled in favor of Cariou but Prince and Gargosian appealed on a number of points Three judges for the U S Court of Appeals upheld the right to an appeal 88 Prince s attorney argued that Appropriation art is a well recognized modern and postmodern art form that has challenged the way people think about art challenged the way people think about objects images sounds culture 89 On April 24 2013 the appeals court largely overturned the original decision deciding that many of the paintings had sufficiently transformed the original images and were therefore a permitted use 90 See Cariou v Prince 91 In November 2010 Chuck Close threatened legal action against computer artist Scott Blake for creating a photoshop filter that built images out of dissected Chuck Close paintings 92 93 The story was first reported by online arts magazine Hyperallergic it was reprinted on the front page of Salon com and spread rapidly through the web 94 Kembrew McLeod author of several books on sampling and appropriation said in Wired that Scott Blake s art should fall under the doctrine of fair use 95 In September 2014 U S Court of Appeals for the Seventh Circuit questioned the Second Circuit s interpretation of the fair use doctrine in the Cariou case Of particular note the Seventh Circuit noted that transformative use is not one of the four enumerated fair use factors but is rather simply part of the first fair use factor which looks to the purpose and character of the use The Seventh Circuit s critique lends credence to the argument that there is a split among U S courts as to what role transformativeness is to play in any fair use inquiry 91 In 2013 Andrew Gilden and Timothy Greene published a law review article in The University of Chicago Law Review dissecting the factual similarities and legal differences between the Cariou case and the Salinger v Colting case articulating concerns that judges may be creating a fair use privilege largely reserved for the rich and famous 96 Artists using appropriation editThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed December 2021 Learn how and when to remove this template message The following are notable artists known for their use of pre existing objects or images with little or no transformation applied to them ABOVE Ai Kijima Aleksandra Mir Andy Warhol Banksy Barbara Kruger Benjamin Edwards Bern Porter Bill Jones Brian Dettmer Burhan Dogancay Christian Marclay Cindy Sherman Claes Oldenburg Cornelia Sollfrank Cory Arcangel Craig Baldwin Damian Loeb Damien Hirst David Salle Deborah Kass Dominique Mulhem Dorothy Cross Douglas Gordon Elaine Sturtevant Eric Doeringer Fatimah Tuggar Felipe Jesus Consalvos Genco Gulan General Idea George Pusenkoff Georges Braque Gerhard Richter Ghada Amer Glenn Brown Gordon Bennett Graham Rawle Graig Kreindler Greg Colson Hank Willis Thomas Hans Haacke Hans Peter Feldman J Tobias Anderson Jake and Dinos Chapman James Cauty Jasper Johns Jeff Koons Jim Ricks Joan Miro Jodi John Baldessari John McHale John Stezaker Joseph Cornell Joseph Kosuth Joy Garnett Kaws Karen Kilimnik Kelley Walker Kenneth Goldsmith Kurt Schwitters Lennie Lee Leon Golub Louise Lawler Luc Tuymans Luke Sullivan Malcolm Morley Marcel Duchamp Mark Bloch Marcus Harvey Mark Divo Marlene Dumas Martin Arnold Matthieu Laurette Max Ernst Meret Oppenheim Mic Neumann Michael Landy Michel Platnic Mike Bidlo Mike Kelley Miltos Manetas Mohammad Rakibul Hasan Nancy Spero Negativland Nikki S Lee Norm Magnusson PJ Crook Pablo Picasso Sigmar Polke People Like Us Peter Saville Philip Taaffe Pierre Bismuth Pierre Huyghe Reginald Case Richard Prince Rick Prelinger Rob Scholte Robert Longo Robert Rauschenberg Shepard Fairey Sherrie Levine Stephanie Syjuco Stewart Home System D 128 Ted Noten Thomas Ruff Tom Phillips Vermibus Vik Muniz Vikky Alexander Vivienne Westwood Yasumasa MorimuraSee also editArt intervention Assemblage Classificatory disputes about art Collage Conceptual art Copies by Vincent van Gogh Cultural appropriation Decollage Fair use Found object Postmodern art Scratch videoReferences edit Chilvers Ian amp Glaves Smith John eds Dictionary of Modern and Contemporary Art Oxford Oxford University Press 2009 pp 27 28 MoMA Glossary of Art Terms www moma org Retrieved 2020 08 17 a b Wilson Simon Lack Jessica 2008 The Tate Guide to Modern Art Terms London Tate Publishing Ltd pp 20 21 ISBN 978 1 85437 750 0 Tate Appropriation Art Term Tate Etc Retrieved 2020 08 18 Tomkins Duchamp A Biography p 186 1856 Jean Auguste Dominique Ingres Madame Moitessier Fashion History Timeline fashionhistory fitnyc edu Retrieved 2021 04 04 Le Dejeuner Sur L Herbe The Luncheon on the Grass by Edouard Manet thehistoryofart org Retrieved 2021 04 04 Japonism This Is What Claude Monet s Art Has in Common with Japanese Art TheCollector 2020 09 01 Retrieved 2021 04 04 The artist whom Van Gogh most admired and whose work fetched record prices theartnewspaper com 4 October 2019 Retrieved 2021 04 04 816 818 613 To Theo van Gogh Saint Remy de Provence on or about Sunday 3 November 1889 Vincent van Gogh Letters vangoghletters org Retrieved 2021 04 04 Covenantarthistory 2016 04 23 Talking Objects Claude Monet and the Rise of Japonism Talking Objects Retrieved 2021 04 04 How Japanese Art Influenced and Inspired European Impressionist Artists My Modern Met 2017 12 14 Retrieved 2021 04 04 Japonisme metmuseum org October 2004 Archived from the original on 2004 10 14 Retrieved 2021 04 04 Exploring the Cutting Edge History and Evolution of Collage Art My Modern Met 2017 07 14 Retrieved 2019 09 25 Elger D 2006 Dadaism Koln Taschen pp 80 Evans D ed 2009 Appropriation Documents of contemporary art London and Cambridge Whitechapel Gallery and the MIT Press pp 40 Cabanne P and Snowdon P 1997 Duchamp amp Co Paris Terrail pp 105 Cabanne P and Snowdon P 1997 Duchamp amp Co Paris Terrail pp 114 a b Plant S 1992 The most radical gesture The Situationist International in a postmodern age London and New York Routledge pp 44 Arturo Schwarz The complete works of Marcel Duchamp New York Delano Greenidge 2000 The Collages of Kurt Schwitters Dietrich Cambridge University Press 1993 p6 7 Gotthardt Alexxa 2018 09 10 Understanding Eugene Delacroix through 5 of His Most Provocative Artworks Artsy Retrieved 2021 04 04 Eisenman Stephen F 2018 11 01 Delacroix s Modernism ARTnews Retrieved 2021 04 04 Henri Matisse 1869 1954 metmuseum org Archived from the original on 2004 10 25 Retrieved 2021 04 04 artincontext 2022 02 28 Appropriation in Art An Overview of Artistic Appropriation in the Art World artincontext org Retrieved 2023 07 15 Andy Warhol Green Coca Cola Bottles whitney org Retrieved 2021 04 04 Roy Lichtenstein Foundation Roy Lichtenstein Foundation lichtensteinfoundation org Retrieved 2019 09 06 Cotter Holland 2014 11 13 Taking Copycatting to a Higher Level The New York Times ISSN 0362 4331 Retrieved 2021 06 01 Hans Ulrich Obrist 19 May 2014 Elaine Sturtevant obituary The Guardian Cesar French sculptor Encyclopaedia Britannica Retrieved 2019 09 06 Arman French American artist Encyclopaedia Britannica Retrieved 2019 09 06 a b The Art of Copying Ten Masters of Appropriation Artsy 2014 02 11 Retrieved 2019 09 06 Linden Liz Winter 2016 Reframing Pictures Reading the Art of Appropriation PDF Art Journal 75 4 40 57 doi 10 1080 00043249 2016 1269561 JSTOR 45142821 S2CID 193684743 The Pictures Generation Movement Overview The Art Story Retrieved 2019 09 06 Sherrie Levine Paintings Bio Ideas The Art Story Retrieved 2021 04 04 Cohen Alina 2018 03 02 Who Actually Shot Richard Prince s Iconic Cowboys Artsy Retrieved 2020 03 06 Welchman John 2013 Art After Appropriation Essays on Art in the 1990s Routledge pp 33 190 ISBN 978 1 136 80136 5 Meigh Andrews Chris 2013 A History of Video Art 2nd ed London Bloomsbury Publishing p 194 ISBN 978 0 85785 188 8 Richard Pettibone 88 Artworks Bio amp Shows on Artsy artsy net Retrieved 2019 09 06 Jeff Koons Biography Life amp Quotes The Art Story Retrieved 2019 09 06 Jeff Koons Biography Art amp Facts Encyclopaedia Britannica Retrieved 2019 09 06 Roman Elida 2003 01 05 Herman Braun Vega Arte de apropiacion El Comercio in Spanish Lima 29 Apropiacion es el primer termino que aparece al querer categorizar o clasificar la obra de Herman Braun Vega Efectivamente el autor se apropia de las imagenes que otros crearan Pero se trata de una utilizacion que no busca el reemplazo la reedicion o el acoplamiento sino que ejerce su libertad de darle un contenido nuevo en un contexto creado por el Ramon Ribeyro Julio 1981 05 17 Herman Braun Marka in Spanish Lima El Caballo Rojo 14 Que un pintor utilice como temas de sus cuadros obras de otros pintores no es una novedad Lo novedoso es ahondar este procedimiento y hacer de el forzando un poco el termino un sistema Tal es el caso de Herman Braun Se podria pues hablar de una metapintura en la medida en que sus cuadros son comentarios pictoricos de otros cuadros Pero esta definicion resulta estrecha si se tiene en cuenta la evolucion de su obra Herman Braun trato de ofrecer un testimonio de la situacion social Herman Braun I try to offer a testimony of the social situation El Comercio in Spanish Lima 16 1984 11 30 a lo largo de estos quince anos he trabajado con la iconografia de occidente tratando de ofrecer un testimonio de la situacion social La familia Informal Obra destacada Coleccion Ralli Braun Vega Museo Ralli Marbella Artista en Familia Caretas in Spanish 1995 09 14 pp 90 91 la pieza central de la muestra es La familia informal un gran triptico que Braun Vega preparo para las celebraciones espanolas del V Centenario del llamado encuentro entre dos Mundos aludiendo tanto a las economias de subsistencia en que viven los habitantes mas pobres del tercer mundo como al mestizaje cultural que este intercambio posibilita Guerrero Zegarra Maria Alexandra 2021 06 01 El poder se nutre de dogmas El apropiacionismo en la obra de Herman Braun Vega The Power is Nourished by Dogmas The Appropriation in the Work of Herman Braun Vega LETRAS revista de investigacion cientifica de la Facultad de Letras y Ciencias Humanas de la Universidad Nacional Mayor de San Marcos in Spanish Vol 92 no 135 Lima pp 177 190 ISSN 0378 4878 the appropriation of the image makes a new meaning in the work while it is recontextualized and reinterpreted because the appropriations in the work of this artist has the intention of make a rearticulation of the memory individual sociopolitical and historical Graf Marcus October 6 2013 Self Portrait by Genco Gulan Visual Art Beat Archived from the original on August 30 2019 Retrieved November 1 2013 Rosenberg Karen 15 January 2015 Yasumasa Morimura The New York Times a b Madill Shirley 2018 Robert Houle Life amp Work Toronto Art Canada Institute ISBN 978 1 4871 0170 1 Fountain Buddha Sherrie Levine The Broad www thebroad org Retrieved 2020 08 18 Upcoming Zevs The Big Oil Splash Lazarides Rathbone Arrested Motion ArrestedMotion Retrieved 2019 09 06 The Story Behind Banksy Smithsonian Retrieved 2019 09 06 Banksy Street Art in Bristol VisitBristol co uk Visit Bristol Retrieved 2019 09 06 Madill Shirley 2022 Kent Monkman Life amp Work Toronto Art Canada Institute ISBN 978 1 4871 0280 7 Parkinson Hannah Jane 2015 07 18 Instagram an artist and the 100 000 selfies appropriation in the digital age The Guardian ISSN 0261 3077 Retrieved 2020 03 06 Plaugic Lizzie 2015 05 30 The story of Richard Prince and his 100 000 Instagram art The Verge Retrieved 2020 03 06 Damien Hirst s latest artworks done exactly like my people s story Indigenous artist claims Australian Broadcasting Corporation 2018 03 28 Retrieved 2020 09 13 The art of appropriation THE ETHICS CENTRE 2018 05 14 Retrieved 2020 09 13 Did Damien Hirst Rip Off Aboriginal Australian Artists s Work Frieze frieze 3 April 2018 Retrieved 2020 09 13 Uncanny similarity new Damien Hirst works in spot of bother in Australia The Guardian 2018 03 29 Retrieved 2020 09 13 Geoghegan Kev 2012 08 03 Mr Brainwash makes UK show debut Retrieved 2019 09 06 Mr Brainwash life is beautiful Exhibition Obey Giant 2008 06 16 Retrieved 2019 09 06 Adair Torsten 2019 11 19 Syndicated Comics The Beat Retrieved 2020 02 28 Armstrong Annie 2019 04 01 14 7 M KAWS Painting Smashes Auction Record in Hong Kong ARTnews Retrieved 2020 02 28 10 things to know about KAWS Christie s www christies com Retrieved 2020 02 28 Hedinger J Meyer T 2011 000 1 Vorwort Band I Preface whtsnxt in German and English Retrieved 15 February 2016 Bourriaud Nicolas 2002 Postproduction Culture as screenplay How art reprograms the world New York Lucas amp Sternberg cf Toffler Alvin 1980 The third wave The classic study of tomorrow New York Bantam Bourriaud Nicolas 2005 Postproduction culture as screenplay how art reprograms the world Caroline Schneider Jeanine Herman 2nd ed New York Lukas amp Sternberg p 19 ISBN 0 9745688 9 9 OCLC 63165534 Djordjevic V Dobusch L eds 2014 Generation Remix iRights Media Archived from the original on 2016 05 16 Retrieved 2016 05 16 Download Lessig s Remix Then Remix It on wired com May 2009 Hardy S 11 June 2013 Rip A Remix Manifesto Creative Generalist Retrieved 15 February 2016 cf Reynolds Simon 2011 Retro Mania Pop Culture s Addiction To Its Own Past London Faber amp Faber ISBN 978 0 86547 994 4 Benjamin Franzen Kembrew McLeod 2009 Copyright Criminals documentary film cf Diedrichsen Diedrich September 2008 Showfreaks und Monster Texte zur Kunst Artists Artists No 71 150 Aden Maike April 2016 Let s dance like we used to A critical intervention on a new trend of Appropriationism PDF Kunstchronik No 4 201 Aden Maike Summer 2016 Ulises Carrion Carries On Journal of Artists Books JAB No 40 in prep cf Virilio Paul 1992 Rasender Stillstand Munchen Hanser Meiselman Jessica 2017 12 28 When Does an Artist s Appropriation Become Theft Artsy Retrieved 2019 09 25 Andy Warhol s Flower Paintings Andy Warhol Found for Visual Arts Inc v Goldsmith 11 F 4th 26 54 2d Cir 2021 Supreme Court Andy Warhol Foundation for Visible Arts v Goldsmith PDF Supreme Court of the United States Retrieved 31 May 2023 as quoted in Grant Daniel The Business of Being an Artist New York Allworth Press 1996 p 142 top 10 appropriation artworks artlyst com Retrieved 2019 12 08 Whiting Sam February 4 2011 Jeff Koons balloon dog claim ends with a whimper The San Francisco Chronicle ALLEN EMMA January 21 2011 6 Hilarious Zingers From the Balloon Dog Freedom Suit Filed Against Jeff Koons BlouinArtinfo Corbett Rachel A Win for Richard Prince in Copyright Case Artnet Magazine 2011 Pollack Barbara Copy Rights ARTnews LLC March 22 2012 RANDY KENNEDY April 25 2013 Court Rules in Artist s Favor The New York Times Retrieved 2013 04 26 a b Seventh Circuit Criticizes Second Circuit s Transformative Use Approach to Fair Use Publications Proskauer www proskauer com Retrieved 2015 12 12 Masnick Mike Chuck Close Succeeds In Stifling A Creative Homage But Only For Another 100 Years Or So Techdirt July 16 2012 Retrieved January 27 2018 Doctorow Cory Letter to Chuck Close from the digital artist whom he threatened with a lawsuit BoingBoing July 11 2012 Retrieved January 27 2018 Vartanian Hrag The Most Popular Hyperallergic Posts of 2012 Hyperallergic December 26 2012 Retrieved January 27 2018 Dayal Geeta How the Artist Who Built the Chuck Close Filter Got Slammed by Chuck Close Wired July 10 2012 Retrieved January 27 2018 Fair Use for the Rich and Fabulous The University of Chicago Law Review The University of Chicago lawreview uchicago edu Retrieved 2015 12 12 Sources editDavid Evans Appropriation Documents of Contemporary Art Cambridge MIT Press 2009Further reading editMargot Lovejoy Digital Currents Art in the Electronic Age Routledge 2004 es Juan Martin Prada 2001 La Apropiacion Posmoderna Arte Practica apropiacionista y Teoria de la Posmodernidad Fundamentos ISBN 978 84 2450 8814 Brandon Taylor Collage Thames amp Hudson Ltd 2006 p 221 External links editMichalis Pichler Statements on Appropriation Appropriation Art Coalition Canada Blanche v Koons Decision August 2005 Koons Wins Landmark Copyright Lawsuit 1 2006 Koons wins appeal 2006 Creative Commons Free Culture an international student movement The New York Institute for the Humanities Comedies of Fair U e conference Archive org Open Source Culture Intellectual Property Technology and the Arts Columbia Digital Media Center lecture series Public Domain Sherri Levine Interview Duchamp Lichtenstein Warhol transordinator edition Remixing conceptual artworks Temporary appropriation or in Wikipedia Temporary appropriation Retrieved from https en wikipedia org w index php title Appropriation art amp oldid 1201074213, wikipedia, wiki, book, books, library,

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