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Teaching the Law & Ethics of Image Use Alex Watkins Art & Architecture Librarian University of Colorado Boulder.

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Presentation on theme: "Teaching the Law & Ethics of Image Use Alex Watkins Art & Architecture Librarian University of Colorado Boulder."— Presentation transcript:

1 Teaching the Law & Ethics of Image Use Alex Watkins Art & Architecture Librarian University of Colorado Boulder

2 Art has always built on the Past Apollo Belevedere Michelangelo, David

3 Titian, Venus of Urbino

4 Manet, Olympia

5 Picasso, Women with a Straw Hat Jasper Johns, After Picasso

6 Lichtenstein, Whaam and the comic source

7 Jeff Koons, Niagara FallsAndrea Blanch, Silk Sandals by Gucci

8 Images essential in a digital age Blogs Presentations Papers Digital Scholarship Websites Flyers Social Media Art Videos

9 Recycling imagery feels comfortable and commonplace. If one lives in a forest, wood will likely become one’s medium for creative play. If one grows up in a world filled with cheap, disposable images, they easily become the stuff of one’s own creative expression Olivia Gude

10 Session Plan Copyright & Fair Use Teaching the law of image use Ethics in image use Teaching ethics Case studies discussion

11 What is the purpose of copyright?

12 To promote creation of culture By rewarding creators with limited monopoly

13 Applies only to Fixed Expression not the Idea Ed Ruscha, Some Real Estate Opportunities Eric Doeringer

14 Copyright for Images Two Potential Layers of Copyright: The underlying object & the photograph

15 Public Domain + Sufficiently Creative

16 Photo has copyright Photo does not have copyright Work does not have copyrightWork has copyright

17 What is Fair Use? It is legal, unauthorized use of copyrighted material Allowed because the culture created is more valuable than the monopoly It creates a space for creativity, and is a safety valve for free speech

18 The Four factors: Purpose and character of your use Picasso Guitar, Newspaper, Glass, Bottle

19 The Four Factors: The nature of the copyrighted work

20 Four Factors: The amount and substantiality of the portion taken

21 Four Factors: The effect of the use upon the potential market

22 Shepard FaireyMannie Garcia Fair Use Narratives

23

24 Teaching Copyright & Fair Use No copyright scares, the point is not to make students afraid. Case Studies + Discussion/Debate Have Students come up with their own fair use narratives for their work. Also an opportunity to discuss Creative Commons and how to find images effectively.

25 Jeff Koons, String of PuppiesArt Rogers, Puppies Ethics in Image Use

26 Tom Forsythe, Food Chain Barbie

27 Jeff Koons, String of PuppiesArt Rogers, Puppies

28 Vaseline Ad, Sea of Skin Spencer Turk photograph Gillian Wearing, Signs that say what you want them to say and not signs that say what someone else wants you to say

29 Jeff Koons, String of PuppiesArt Rogers, Puppies

30 Patricia CaulfieldAndy Warhol

31 Shepard FaireyMannie Garcia

32 Patrick CariouRichard Prince

33 Robert Rauschenberg, Pull Morton Beebe, Cliff Diver at Acapulco

34 they think it's just a photograph Arnold Newman

35 The reason there’s a legal issue here is because there’s a moral one Patricia Caulfield

36 Lisa CongdonStephen Oakes, National Geographic

37 Christian Marclay, The ClockCory Archangel, Super Mario Clouds

38 BuzzFeed Daily Mail

39 Patrick Cariou, Yes RastaRichard Prince, Canal Zone

40 The ethnographic photograph is perhaps the paradigmatic appropriative object, born of an aggressive technology in contexts of political and cultural domination. Such photographs present a fixed point, literally, figurally, and metaphorically, of dispossession and appropriation. They render the bodies of the powerless through the intellectual and ideological categories of the powerful in relation to a series of dynamic axes-race, gender, subjugation, and their social classifications. Elizabeth Edwards

41 Patrick Cariou, Yes RastaRichard Prince, Canal Zone

42 Patricia CaulfieldAndy Warhol

43 “Warhol had found the original photo in a women’s magazine; it had won second prize in a contest for the best snapshot taken by a housewife” “Warhol was very innocent of doing a disservice to this photographer because this is not what you might call a ‘remarkable photograph.’ It was not an earthshaking photograph, but Warhol make a remarkable series of paintings out of it” Rainer Crone Ivan Karp

44 Teaching Ethics in Image Use To separate the legal from the ethical Even if you can, should you? We want students to think critically about their own image use, and how they would feel if the tables were turned. All images have subjects, meaning, artistic choices

45 Richard Prince Case Richard Prince, Canal Zone

46 Patrick Cariou, Yes RastaRichard Prince, Canal Zone

47 Patricia CaulfieldAndy Warhol

48 Shepard FaireyMannie Garcia

49

50 Robert Rauschenberg, Pull Morton Beebe, Cliff Diver at Acapulco

51 Jeff Koons, String of PuppiesArt Rogers, Puppies

52 Christian Marclay, The Clock

53 Thank You

54 Further Reading Baselitz, Georg, Kirk Ambrose, Elizabeth Edwards, Ursula Anna Frohne, Cordula Grewe, Daniel Heller-Roazen, Ian Mclean, Saloni Mathur, Lisa Pon, and Iain Boyd Whyte. “Notes from the Field: Appropriation.” Art Bulletin 94, no. 2 (June 2012): 166–86. Buskirk, Martha. “Commodification as Censor: Copyrights and Fair Use.” October 60 (April 1, 1992): 83–109. doi: / Buskirk, Martha. The Contingent Object of Contemporary Art. Cambridge, Mass: MIT Press, Gude, O. (2004). Postmodern Principles: In Search of a 21st Century Art Education. Art Education, 57(1), 6–14. King, Elaine A., and Gail Levin, eds. Ethics and the Visual Arts. New York: Allworth Press, McClean, Daniel, ed. The Trials of Art. London: Ridinghouse, McClean, Daniel, and Karsten Schubert, eds. Dear Images: Art, Copyright and Culture. London: Ridinghouse, Merryman, John Henry. Law, Ethics, and the Visual Arts. 4th ed. London; New York: Kluwer Law International, Nelson, Robert S. “Appropriation.” In Critical Terms for Art History, edited by Robert S. Nelson and Richard Shiff, 160–73. 2nd ed. Chicago: University of Chicago Press, 2003.


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