Transcript File - APPROPRIATION

APPROPRIATION
Appropriation
In the visual arts, the term appropriation often refers to
the use of borrowed elements in the creation of new
work. The borrowed elements may include images,
forms or styles from art history or from popular culture,
or materials and techniques from non-art contexts. Since
the 1980s the term has also referred more specifically to
quoting the work of another artist to create a new work.
Appropriation is one feature of Post-Modern art (from
approximately 1970s onward).
Appropriation
Appropriation may be carried out for various reasons…..
Pay respect or admire other art (homage)
Create new meaning
To challenge ideas about art or topics
To learn style or technique
Question the concept of originality or / artistic tradition
Appropriation is not just copying as it is CONSCIOUSLY trying
to communicate through borrowing
Past exam # (Studio Arts) - Many artists choose to
incorporate the ideas and image of other artists in their
work. Refer to a specific example of appropriation and
discuss factors which require consideration in this
practice.
Max Dupain
Anne Zahalka
The Sunbather #2, 1989
The Sunbaker, 1937
Originality
- Originality can be defined as being an artist’s own work
which has stemmed from their individual, creative and
innovative mind.
- Artworks that are distinct from others and copies,
created by an original person who produced the work.
- The unique way the artist’s work may be new
and different to that of any other artists.
Appropriation of subject – Taking the subject and composition but changing the style
Adam Pynacker (Neth), 1660
Boatmen Moored On A Lake Shore
Sam Leach (Aus), 2010
Proposal for Landscaped Cosmos
MAIN ISSUES
 Copyright law (LEGAL)
 Moral rights (ETHICAL)
Copyright (Legal)
 Copyright is the legal right of an artist which protects their work
from being copied or plagiarized without consent.
 The Copyright Act of 1968 prohibits anyone from copying or
recreating the work of another artist without permission or consent
to do so
 Copyright automatically exists when a work is created and extends
for the life of an artist plus an additional 70 years after their death.
 If an artist chooses to use someone else’s work it is important that
they do not breach copyright or plagiarism may occur and legal
action may be taken against them.
 The greatest right of the copyright act granted to an artist is to
prevent their work from being copied in any material form such as
filmed, photocopied or used in some manner without consent.
Gordon Bennett ‘Notes to Basquiat: Culture Bag’ 1999
Gordon Bennett was influenced by African American Jean-Michel Basquiat as you
see in ‘Notes to Basquiat: Culture Bag’ 1999. In this case copyright would still exist as
it has not been more than 70 years since Basquiat’s death. Bennett would have
checked the details of copyright before using his work and would have sought
permission. Copyright is a legal right to prevent others from doing certain things such
as copying and making available online. Bennett pays homage to Basquiat by
adopting elements of his style through his graffiti like approach to text.
Moral Rights (Ethical)
Since December 2000, Australian artists have been given the right to
moral rights.
This enables the artist to still exercise some power over what
happens to their artwork. If an artist decides to sell their artwork,
regardless of whether the copyright has been passed down or not,
artists can still prevent their work from being altered in a way which
may damage the integrity of the artist.
If a change has been negotiated between the owner and the buyer,
then there has not been a breach of moral right. However, if the
artwork is created in a derogatory manner without permission, then
there has been a breach in the artist’s moral right.
Moral Rights (Ethical)
There are two basic rights which appropriating artists must be aware
of to avoid legal action, prosecution and a damaging reputation.
Right of attribution: The right to be identified as the original creator
of the work.
Right of integrity: The right to prevent work from being treated in a
derogatory manner. Both laws stand to facilitate and preserve the
originality and integrity of artists and their work.
The moral rights of artists refer to the right not to have their work
physically damaged, mutilated or altered in such a way that it will
denigrate the work or the artist. It is also the right of the artists not to
have their ‘good name’ denigrated by misuse or false advertising or
representation of their work.
Example
Despite his work being produced in 1999 Bennett pays
homage to Basquiat by attributing to him in the title of his
artwork ‘Notes to Basquiat: Culture Bag’. Artists must not
treat or distort the artwork in a way that is prejudicial to
the honour or reputation of the artist. Bennett clearly
shows his admiration towards Basquiat as he wrote a
letter after his death stating ‘my intention is in keeping
with the integrity of the artwork in which appropriation,
sampling and citing are an integral part of as we (are)
attempting to communicate the basic underlying humanity
of perception to ‘blackness.’
Past exam # (Studio Arts)
Discuss a legal obligation and an ethical
consideration that an artist might consider when
using another artist’s work to make a new artwork.

Legal obligation: Copyright law is set out in the Copyright Act 1968 and is a type of
legal protection to people who produce things like artwork. It lasts for the creator’s life
plus 70 years after death. Gordon Bennett was influenced by African American JeanMichel Basquiat as you see in ‘Notes to Basquiat: Culture Bag 1999. In this case
copyright would still exist as it has not been more than 70 years since Basquiat’s death.
Bennett would have checked the details of copyright before using his work and would
have sought permission. Copyright is a legal right to prevent others from doing certain
things such as copying and making available online. Bennett pays homage to Basquiat
by adopting elements of his style through his graffiti like approach to text.

Ethical consideration: In December 2000 the Federal Government passed legislation
that awarded artists ‘moral rights’ over their work. These are the rights to be attributed
as the creator of the work. Despite his work being produced in 1999 Bennett pays
homage to Basquiat by attributing to him in the title of his artwork ‘Notes to Basquiat:
Culture Bag’. Artists must not treat or distort the artwork in a way that is prejudicial to the
honour or reputation of the artist. Bennett clearly shows his admiration towards Basquiat
as he wrote a letter after his death stating ‘my intention is in keeping with the integrity of
the artwork in which appropriation, sampling and citing are an integral part of as we (are)
attempting to communicate the basic underlying humanity of perception to ‘blackness.’
Licensing Agreement
Licensing agreements occur if an artist has exclusive
permission to use the work of another. If an agreement
exists they cannot be charged with breaching copyright.
An artist should consider obtaining one before using the
work of another to avoid the legal implications that may
arise if the law is breached. Usually they come in the form
of a ‘remedy’ which may be a monetary sum.