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Re: [teacherartexchange] John Baldessari - Appropriated Art -copyright question


From: Judy Decker (judy.decker_at_TeacherArtExchange)
Date: Wed Feb 22 2006 - 06:54:46 PST

Hi Maggie (and all):

You are so RIGHT to bring up this concern. Art teachers need to
educate the kiddies on this, too.

Durer's work itself would be in public domain..... If he used someone
else's photograph, that work would be copyrighted (my assumption right
now is that Baldessari had his own photograph). I am guessing that
any necessary permissions were in place. Getty would have checked that
out before putting it on their site.

Teachers CAN do what Baldessari did..... Teachers can do it as Fair
Use - All artists can do it as Fair Use.... If a gallery or museum
wants to display the finished work, then they are also responsible to
make sure any "permissions" are in place as they too will be sued (as
in the case of appropriation with Robert Rauschenberg - and case of
derived art by Jeff Koons). Now of course, when you chose a work that
itself is in Public Domain - then you have no fear of the artist suing
- HOWEVER the museum often holds exclusive rights to any reproduction
and they can get testy if you used their image for commercial gain.

I actually had the National Museum of African Art contact me and asked
for my permission to use their ceramic images. They did grant me
permission to keep them on my page as my use was clearly Fair Use
(criticism, research, education etc) - but by law, since I had
published them on the web, I did need permission.
So.... If that museum is out searching for "infringers" maybe others
are, too? I know that Carol Gerten has been asked many times to remove
images from her site. Mark Harden has removed many from his site, too
(as many of his links to images now point elsewhere on the web) -
although I don't know if he was requested to remove them.

IF a teacher does a lesson on this topic (appropriating art to make a
new work) - and does put them on his/her own web site - the museum can
not threaten to sue. They first have to send you a request to remove
the images.... and I assure you, they will not take the time. A living
artist will ask you to remove the images if you used his/her art and
they find it on your web site - and if you are an artist selling the
new work of art - they certainly may threaten a law suit.

Our "favorite" artist, Barry Kite, who appropriates images (recycles
them - grin) has never been sued. He has been confronted by
photographers whose images he used - and he settles by sending them
free art.

See Barry' site:
The majority of the art images he uses are in public domain.... but
the photographs he alters are not.... he admits that but doesn't
care.....He just likes keeping this found art/found images out of the
trash heaps.

Hope this answers the question....

Judy Decker - your "Copyright Queen" - who often wears a crooked crown
(smile and a wink).

On 2/21/06, Maggie White <> wrote:
> I looked at some of his work, including the enormous reproduction of the
> Durer and a Warholesque piece of six movie stills (posterized and then
> colored with a single color each). Okay, so now, after all the
> questions and anxious discussions lately on copyrights here on the
> list, I wonder if he had to get permission from the owners of all the
> originals to use the images in his works. Where do his
> "appropriations" fit in to this discussion, and what should prevent
> teachers from allowing students the same freedom of expression, at least
> within the classroom and not for sale or exhibit?
> Feeling like a devil's advocate today,
> Maggie
> > I just KNOW that someone will be
> >inspired to do a lesson on "appropriated art" after you see this
> >image:
> >Specimen (After Durer):
> >
> >See the Durer Stag Beetle original too.
> >
> >
> >Explore more!
> >

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