Re: Use of Photographs in Derivative Artwork: Fair Use Question:

I replied to this post last week but it seems not to have 'gone through, so I am posting again

---
The examples given are excellent ones. A distinction can be made between
works that use other images in an
instrumental way (Warhol's use of the flower photograph) and works that
refer to and comment upon a source image (Prince's comment on the Malboro
Man). Warhol makes no comment on the original photograph. There is no parody
or irony with respect to the source image (though there is arguably more
than a little irony in Warhol generally). Warhol uses the source image as
one would use an image from a stock photography service, and he should have
paid for it. By comparison Prince's work is rife with irony with respect to
the source image. A stock photograph of any old cowboy would have a
completely different meaning.

There is a long tradition within art to reference earlier art, other art and
also non-art imagery but in the hypothetical given, should the bullfight
photographer ever come across one of those pillows, she would probably
succeed if she claimed for payment.

Cheers,

- Rob Labossiere

----- Original Message ----- 
From: "Daniel Smith" <daniel.smith[_at_]walkerart.org>
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
<CNI-COPYRIGHT[_at_]cni.org>
Sent: Friday, May 20, 2005 5:40 PM
Subject: [CNI-(C)] Use of Photographs in Derivative Artwork: Fair Use
Question:




> Hypothetical:  Artist finds photographs of a bullfight on the internet.

> Takes these images, enlarges sections (often creating an abstract,

> pixillated image), turns these images into a cross stitch pattern, then

> produces pillows.

>

>

> Question:  Is this a copyright violation, or is this fair use?

Contemporary


> artists, such as Richard Prince, have "re-photographed" Marlboro ads,

> presenting sections as new, conceptual work...  But Warhol did get sued

for


> using another photographer's work as the basis for his famous "Flower"

> paintings...

>

> Thoughts?

>

> Thank you,

>

> -Daniel Smith

>

>

>

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