Second reading and writing assignment
The Copyright laws pertaining to the visual arts have always been a confusing issue for me. It doesn’t seem to be a black and white issue. This has always made me nervous when using images to study or using images for inspiration. I’m never sure to what extent one must stray from the original in order to stay out of legal trouble. It has made me even more nervous this semester. Not only am I repurposing images in this class but I’m making collages in my 2D class from magazine cuts out and prints from lithography books. This is definitely an issue artists should research and understand.
The Shepard Fairey case is the one that I’m the most familiar with. His Obama “Hope” poster was insanely popular. It was everywhere during and after the first election. There were not only posters, but bumper sticks, pins and shirts. It was an extremely powerful image of the man we hoped would be America’s first black president. I feel that in this case the image was transformative and he should not have been sued. The fact that the actual photographer didn’t even catch that it was his image says enough. The colors, shadow, and words added to the poster image completely transformed a decent photograph into something so much stronger.
The McGinley and Gordon case is odd to me too. I mean I suppose that I do see the similarities between the photos but I think you could put any one of those photos next about a million other ads and find similarities. There have been hundreds of ads with people kissing. I don’t think this specific image has anything to do with copying another artist’s idea. It has a lot to do with the fact that people kiss. People can relate to people kissing. People have kissed in photos, ads and movies for as long as the medium has been around. Even the images that have more similarities are different enough that I would have never noticed if it had not been brought to my attention. But that is just my opinion. I’m sure others would disagree and I have no idea how I would feel if I thought someone was copying my work. If I thought someone was inspired by my work, I think I would take it as a compliment.
I know nothing of “Girl Talk” but it sounds like he has taken music samples farther than anyone else without paying a single license fee. Each of his tracks is made up of nothing more than other artists’ music. He has been doing this for years without any legal trouble and Shepard Fairey used a single image and was taken to court. I feel that if anyone should have been in legal trouble it is this guy. He’s not using the music for inspiration and he’s not emulating it. He is using the actual song without permission and profiting off of it as if he’d written it.
This is a tricky subject and one that I’m not sure I fully understand or have taken a firm position on. I’m sure there are people that would have the complete opposite opinion on each of these issues. I think that’s the problem here. The laws are not concrete enough. There are massive grey areas and very large loopholes. People will continue being sued and others will continue getting away with using others work.