The Debate Over Unauthorized Use Of A Person's Art Work

In today’s society, we are constantly being bombarded with visual art forms. Whether they be classical paintings from the Renaissance, a towering and modern skyscraper, or even a cheesy 90’s R&B music video, they all have one thing in common. According to Carolyn Dean’s definition, these would all fall under the category of “art by intention.” In her essay “The Trouble with (The Term) Art” she advocates a distinction between art by intention and what she deems “art by appropriation.” The difference is that one work was created with the intention of being consumed for visual pleasure, while the other was not. However having been educated in the Western school of thought, many art historians cannot help but project their rigid definition of art onto civilizations that may have

Art Crime has become the encircling phrase used by law enforcement and art crime scholars to classify the field of inquiry involving crimes against art and cultural property. According to recent data from the FBI Art Crime Division, the $66 billion global art market is estimated to lose $8 billion annually to art crimes involving theft, looting, fraud, and trafficking— surpassed only by the drug and gun trafficking trades (FBI). Recent studies have confirmed that many insurgent groups and terrorists organizations—ISIS and Al-Qaeda—are funding their wars through the sales and trade of art and cultural objects. (Haken, National Geographic). When you mix art with criminal trafficking and the underworld associations of the black market, a clear picture of trouble fills the canvas.

Have you ever heard about how an artist gets his work copied by another artist? It could either be a popular artist who has their work plagiarized by another lesser-known artist.

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.

The issue of whether or not graffiti is appropriate for public spaces appears to never end. This is due to the fact that, usually, the rhetors involved do not reach stasis on all levels. There is typically a large gap in the debate stalling the conversation. Heather Mac Donald, Lu Olivero, “Graffiti”, Lady Pink, Gerald Witt, and Heidi Wigdahl throw themselves into the ring and add their own views on the matter. While these six authors agree on the fact that graffiti exists, they do not solely agree on one definition, and once they get to the quality aspect they divide themselves in half and none agree on a specific policy that is the most reasonable.

* Through the postmodern frame of reference, explain how artists have appropriated historical artworks. How has the artist incorporated parody and wit into the work? In what way has the artist questioned the values implied in the original artwork?

If the image is no longer unique and exclusive, the art object, the thing, must be made mysteriously so,” (Berger 44). Therefore, the final step in the exploitation of power is mystification of its origins. Over time a concept will build its image and solidify its strength through results, showing the public its value until it becomes integrated and thus, hidden within society. There are several examples of power that has become formally accepted or internalized by the public and it is difficult to see how they exploit power because their origins are mystified. For the concept of originality in art, we can see how its status may have risen because of the definition we give to “originality” rules that have commercial purposes or vice versa. Some examples include companies that have copyright issues to protect names and identities that belong to them, or schools that incorporate rules about plagiarism. The idea of originality has already become internalized within our society that assigning a market meaning with it, just seems natural. If our judicial system has already incorporated ideas of “originality”, then not many people will see any problems with it. However, it is important to look at the origins and realize how a power came to be to prevent it from being exploited. Another covert concept integrated within society

In the article "When Stealing Isn't Stealing" the author explains that an individual’s original work should be lawfully protected.

1. Amandla Stenberg defines cultural appropriation as a rampant phenomenon, which it occurs when the appropriator does not have a deep understanding of the significance of a certain culture. Then use this culture as a part of their artworks. 2. The widespread appropriation of hip hop culture rises the movement called “Black Lives Matter”, which is an institutional racism, when the time the police department as an institution brutality against black people.

In order for an artist to prevent the destruction of their artwork under the Visual Artists Rights Act of 1990 (VARA) the piece must be a work of visual art and of recognized stature. This memorandum will begin with a discussion of what constitutes a work of visual art because that is the minimum threshold for inclusion under VARA. Next, the discussion will focus on the recognized stature of a work of visual art because Congress designated that to be the “gatekeeper” function of the bill. Art is a work of visual art if it meets the positive factors (e.g. painting, sculpture, or photograph), without meeting the negative factors (e.g. applied art, promotional material, or site-specific). Next, the court uses a two-step test to determine if it

Throughout history, the issue of appropriation in art has become a heated debate on whether it is good or whether it is bad. Appropriation is fundamentally the act of taking something from somewhere else and placing it into a new context. In art, appropriation is seen as using (or taking) someone else's artwork, manipulating it and ultimately changing the whole meaning behind the work. It is seen as a significant issue as many people (including art critics, art historians and art enthusiasts) see appropriation as whilst, others see it as being inappropriate and immoral, and see the growth in appropriation as being a destroyer of art. It is of the opinion that art indeed "feeds off itself" and every artwork, art movement, and art period is

Artistic expression should not be denied because it is important to express one’s views in any form of expression. Sommer Wadman observes that, “Research suggests that when people have opportunities to explore and express who they are, they gain confidence that translates into success, both in adolescence and throughout adulthood” (“Express Yourself: Power of the Arts” par. 4). According to this evidence, expressing yourself and being able to explore the world can gain confidence. This confidence, then turns into success. It helps young adults and teenagers into becoming an adult. Gaining confidence from any form of expression allows someone to do things that they have never done before and it helps a person to do what they actually want to do instead of always being afraid. It allows them to step up from that non-confidence place and speak up. Therefore, artistic expression should not be denied because it build confidence. Tricia Greaves notes, “By being true to yourself, and thriving on account of it, you are setting an example that will inspire others to step out and make changes. Your gift to yourself of changing is also a gift to others” (“10 Secrets to Expressing Yourself with Confidence” par. 9). Tricia Greaves explains that by being true to yourself and building that confidence to express yourself helps others come out as well and build their confidence too. Many will become an inspiration to others. Opening up helps others open up too. Opening up gives others an

There has been constant debate revolving around the distinction between a painting, and a mural. In this case, a mural is a painting or other work of art executed directly on a wall. (Merriam-Webster Dictionary). In Pollara v. Seymour, the banner displayed inside the empire state plaza, was classified as an advertisement and promotional work, rather than a “work of art.” However, why did congress exclude certain works of art from being protected? The battle between protecting fine art and commercial art has been an issue. The governing rule of society place a higher standard on fine art, than art made for advertising or promotional purposes. As a society we grant specific “works of visual art” protections based upon the fact

Of the many crimes that are present in this day and age, one that not only vandalizes the property, but as well as historical background is that of art theft. A crime that has taken away the sanctity of churches as well as many other religious and historical sites. Thefts have ranged from WWII (World War II) to the times of the Holocaust. Of the items that were taken from the churches, relics were items of great priority. These items not only had great value to the churches they were stolen from, but a great value to relic collectors. Most of the items taking during these times were either sold or placed in underground storage. Most of these items that were place in these secret places were never to be seen again. From the

Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.