In 1980, photographer Art Rogers was commissioned to picture Jim Scanlon’s eight new German Shepherds. Through creative thought and technical works, he photographed Scanlon, his wife, and their dogs into the photograph “Puppies.” He soon licensed the image and sold it to be available as prints and notecards. During Jeff Koons visit in Europe, he bought a “Puppies” notecard and gave it to Italian artisans in the Demetz Studio to produce four copies of it as sculptures called “String of Puppies.” The sculptures were placed in the 1988 “Banality Show” exhibition at the Sonnabend Gallery. Plaintiff photographer Art Rogers claimed that defendant Jeff Koons copyrighted his photograph “Puppies” into the sculpture “String of Puppies.” Koons argued his borrowing of “Puppies” was permissible under the fair use doctrine and for parody. Rogers filed an action on October 11, 1989, seeking summary judgement and permanent injunction for plagiarism and unfair competition under state laws.
Issue
Was defendant Koons “String of Puppies” borrowing of Roger’s “Puppies” permissible under the fair use doctrine and parody or was this a work of unauthorized copyright infringement?
Decision
The Court of Appeals ruled Koon’s “String of Puppies” is copyright infringement and does not meet the fair use doctrine and for parody use since Koon failed to satisfy the ordinary observer test and Section 107 factors. Turnover order was proceeded and granted permanent injunction of “Puppies” to be used in any
As we know, the result of “Art is” is “Art is” which returned in an ephemeral form at the Studio Museum. All forty photographs are on display on the basement level of the galleries, which are supposedly reserved for pieces in their permanent collection. The room just outside, whether coincidentally or not, is filled with photos of students - reflecting personal memories. How the museum decides to play with this, is by missing them with old-timer photos of Harlem from the
Justice Brennan delivered the opinion of the Court. Roth ran a business in New York by selling books, photos, and magazines. Roth was charged with 4 counts for sending inappropriate circulars and an inappropriate book. The Court of Appeals for the Second Circuit upheld Roth’s appeal. Alberts was prosecuted for the sale of lewd books, and for writing inappropriate advertisements within the books. Albert’s conviction was upheld by a lower court. The Court must decide if indecent material is protected by the freedom of speech and press in the First Amendment. All ideas, even the most foolish, controversial, and intolerable, are protected by free speech. The only exception is when they interfere in more important safeties. However, indecency has been demonstrated to have no redeeming
Will Penn Adair Rogers born in Oologah Oklahoma on November 4, 1879.He went on to be one of America's favorite actors, showmen and comedian. Throughout his life, he inspired many people when he acted and entertained. He was soon given the nicknames, the Cowboy Philosopher, and Oklahoma's favorite son(Editors, 2014).
Will Rogers Memorial Museum is located on a lofty hillside in Claremore, Oklahoma. The museum was designed by John Duncan Forsythe and is financed by a two hundred thousand dollar funding by the Oklahoma legislature. Will Rogers Museum overlooks the spectacular stretch of the Tiawah Valley. Will and Betty Rogers bought the twenty acres containing the museum grounds for five hundred dollars an acre. Betty gave away the land to the State of Oklahoma in 1937. Will Rogers Museum, which opened in 1938, is constructed of native limestone and presents a famous saddle collection, artifacts, fine arts, and a dozen theaters or television kiosks characterizing the life of Will Rogers. Found in the foreground, Will’s tomb is carved with one of his famous
The copyrightable element of the 1963 image should be covered under American copyright law, but the content of the image, including originality and use that need to be defined. Elements that should be protected include the photograph itself. This includes “selecting and arranging the costume, draperies, and other carious accessories in said photograph, arranging the subject so as to present graceful outlines (Burrow-Giles Lithographic Co. v. Sarony, 45, 48 (4 S.Ct. 1884)).” In the 19th century, this declaration was the first time the question of a photograph’s inherent copyright was explained, and is now a standard in the Copyright Act of 1976, where all “two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, and prints…that can identify separately from the utilitarian aspects.” (17 U.S.C. § 101) are considered pictorial works and protected under copyright.
Alex Kotlowitz met Lafeyette and Pharoah Rivers in 1985 while working as a journalist. He was interviewing them for a photo essay in Chicago magazine on children living in poverty. The violence that occurred every day where the brothers lived in Governor Henry Horner Homes, or Horner, disturbed Kotlowitz. Lafeyette and Pharoah are 12 and 9 years old at the start of the book but have experienced more than many kids their age. The boys did not seem sure of what life held for them. Lafeyette told Kotlowitz, “If I grow up, I’d like to be a bus driver,” Lafeyette was not sure that he would grow up at just 10 years old (x). Kotlowitz wanted to show what it is like for children growing up in urban poverty after seeing the brothers’
At the end of the hearing on June 21st, 1973, the court ruled that while obscene material is not protected by the First Amendment, various states have different regulations for the sale and distribution of certain material. The state of California has regulations and criteria for this form of expression, but it is a lot of steps to go through to get the
Steve Rogers was a scrawny student. In 1940, appalled at Nazi Germany’s horrific atrocities, Steve attempted to enlist in the army. He was invited to volunteer for Operation, Rebirth which is a project to enhance US soldiers to the height of physical perfection via the inventions of Professor Erskine when failing to pass physical requirements. Rogers accepted and became the first test subject.
Shepard Fairey, the artist behind the Barack Obama presidential election “Hope” poster, chose a photograph as an aid to achieving an ideal pose, that was taken by an Associated Press, AP, photographer, Mannie Garcia. This led to a controversy as Fairey used an image he did not own for his personal artwork. This leads to the question of whether illustrators and artists should be allowed to use photographs under the copyright “Fair Use” clause without having to ask permission or pay royalties to the original artist or copyright holder.
The turning point of Robert Capa’s photography career and his influences on photography begins at the Spanish Civil War. Robert Capa did not went to the assignment alone, but he was going along with Gerda Taro. The assignment started horribly because there was a malfunction on the plane that they were riding. The plane has to perform an emergency landing which did not harm Robert and Gerda. However, they are left to walk their way to Spain to finish their assignment. The city was already torn apart by the war between the republicans and the nationalists. The despair war did not discourages Robert Capa’s hope to captures the important part of the war, but it encourages him to take more risk. As he stopped at Cerro Muriano, where he capture the
When walking through one of the gallery’s at the Walker Art Center, I was immediately drawn to Kara Walker’s work and recognized her signature black silhouettes that sharply contrasted the white wall. To the left of this wall installation, was one of her pieces titled Freedom: A Fable. The medium and form of this piece first captivated my attention, it was different than the artwork on the wall and what I have previously learned about in class. Freedom: A Fable was presented as a bound book, offset lithograph on woven paper, illustrated with pop-up laser-cut paper renditions of Ms. Walker’s famous silhouettes. At first glance, it appears to be a vintage children’s book, but in retrospect Freedom: A Fable is far from a fairy tale or happily ever after.
According to the1973 case of Miller v. California, material is obscene if all three of the following conditions are met:
Henry Peach Robinson, born on July 9th, 1830, was a British photographer and prominent author on photography. Known as “the King of Photographic Picture Making,” he began his life’s work as a painter but would become one of the most influential photographers of the late 19th century. He was a prolific advocate for photography as an art form and is well known for his role in “pictorialism,” which, according to Encyclopedia Britannica, is “an approach to photography that emphasizes beauty of subject matter, tonality, and composition rather than the documentation of reality.”
Examine the recommendations made by the ALRC for the introduction of ‘fair use’ in Australia?
Throughout history, art has caused wars and forged alliances. In modern times, cultural treasures are being sorted into place after much misplacement. Restitution/repatriation, the act of returning cultural treasures to their rightful owners or nation of origin, often ensues difficult legal decisions, but remains a moral necessity. This act of returning cultural treasures, grows more common due to the media’s interest or publicized legal battles. The movie “The Woman in Gold,” involving Gustav Klimt’s painting of Adele Bloch-Bauer, is an example of the influence it has on media.