Re: copyright expiration as a spur to creativity

On 8 Sep 98,, Albert Henderson <noblestation[_at_]compuserve.com> wrote:
>
> On 2 Sep 1998, Rod McCarvel <rod[_at_]seanet.com> wrote:
> >
> > These issues come up more or less frequently in the case of cutting-
> > edge work such as collage or appropriation art. Often, an artist
> > will want to quote the original work in a manner that is critical,
> > using the specific work to stand in for a larger genre or body of
> > work. An example might be the "Air Pirates" case (poking fun at a
> > "Disneyfied" culture) or the appropriated visual images employed by
> > U2 in their "Zoo TV" stage show (calling into question the values
> > of a culture drenched in television). Also, all sorts of musical
> > works involve enormous numbers of samples. For instance, the
> > Beastie Boys' "Paul's Boutique" album required the clearance of
> > over 400 samples. Of course, this is perfectly doable for the
> > Beastie Boys, with the services of a full-time attorney and the
> > weight of Capitol Records behind them. It is considerably more
> > difficult for an artist working in his or her basement.
>
> If obtaining permissions is too much work, try doing something
> that is entirely original.

I am not sure I understand what you mean by "entirely original". Do you mean created in a vacuum, with no detectible influence from any pre-existing work? If so, I have never in my life encountered an "entirely original" artwork or work of authorship. Shakespeare stole plotlines wholesale, and in turn they were stolen from him just as brazenly. Dvorak and Ives quoted extensively from folk songs. Roy Lichtenstein recreated comic book panels. Every rock band has appropriated riffs from Chuck Berry, Bo Diddley, Robert Johnson, and others. The chorus to Bob Marley's "Buffalo Soldiers" is a direct cop from the Banana Splits' theme song.

What *is* original is the way that a true artist uses his or her influences to create a unique expression. Stravinsky said that "a good composer does not imitate, he steals". (Interestingly, T.S. Elliot said almost exactly the same thing, and said it first.) In the hands of a skilled artist, collage can be the medium for wonderfully original work, composed entirely from found fragments. This, I submit, should not require the full-time services of an attorney -- as was required in the case of "Paul's Boutique" -- and if the law of copyright holds otherwise, well, "the law is a ass".

Happy trails,
Rod

Rod McCarvel
<rod[_at_]seanet.com>

"The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread."

          -Anatole France Received on Thu Sep 10 1998 - 00:01:35 GMT