Studio Arts
Appropriation and Originality
Key Knowledge
The legal obligation and ethical considerations involved in the use of the work of other artists in the making of new artwork, including a familiarity with appropriation and originality, copyright law, licensing agreements and the moral rights of artisits.
Key Terms
APPROPRIATION: Is known as the act of someone borrowing part of an artwork or all of the artwork and using it in the making of a new artwork.
ORIGINALITY: Something which is unique, new, not been created before. The unique way the artist’s work may be new and/or different to that of any other artist.
COPYRIGHT LAW: the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 70 years after his or her death. >
RESALE ROYALTY: a resale royalty right entitles the artist to a percentage of the sale price each time their work is resold. Resale Rights Royalty Scheme > Australian Government Website
LICENSING AGREEMENTS: an agreement between the owner of the copyright and the licensee permitting use of an artwork (or parts thereof) and stating the agreed terms including cost, duration and purpose of the artworks use.A licensing agreement represents a legal agreement that gives a person or entity the right to make or market a product or service to which someone else owns the rights. A licensing agreement may permit the use of intellectual properties, such as trademarks, patents or designs. Owners of movies, music, technology and expert knowledge may also sell rights to enable entities to use their properties for economic gain.
MORAL RIGHTS OF ARTISTS:r rights that protect artist’s reputations and prevent work from being altered or damaged without permission, even after work has been sold.
PLAGIARISM: to pass off the thoughts, ideas and images of others as ones own.
When an artist creates an artwork, he or she owns not only the physical object, but also the copyright. Copyright is a legal right which gives the artist a way of protecting the intellectual property that has been created by the artist, as distinct from the physical property. Under the Copyright Act, artists now have what are known as Moral Rights in their artworks. The Copyright Act gives two Moral Rights. The Right of Attribution and the Right of Integrity.
Originality is highly valued in artistic circles as distinct from copies but in certain circumstances accepts that artists can legitimately borrow or use images from other artists for the purpose of creating new artworks. This is called Appropriation. Appropriation is generally accepted as being legitimate if the artist makes it clear to the viewer they are copying or imitating the work of others.
Previous Exam questions:
In 2010 students were asked to DISCUSS a Legal Obligation and an Ethical Consideration. In this question students were expected to know in regards to:
Legal Obligation: discuss Copyright law. The Copyright Act of 1968. Copyright lasts for 70 years after the artists death. Site an example.
Ethical Considerations: discuss Moral Rights. Moral rights Act of December 2000. The right of Attribution, the artist should be attributed as the creator of the work. The Right of Integrity, the artist or there work should not be distorted in a way that is prejudicial to the honour or reputation of the artist.
In 2011 students were asked to DEFINE the following terms:
Moral rights of artists: define Moral Rights. Moral rights Act of December 2000. The right of Attribution, the artist should be attributed as the creator of the work. The Right of Integrity, the artist or there work should not be distorted in a way that is prejudicial to the honour or reputation of the artist.
Originality: Originality can be defined as being an artists own work which has stemmed from their individual, creative, innovative mind. The first or initial piece of something can be referred to as original. It is unique.
Copyright Law: define Copyright law. The Copyright Act of 1968. Copyright lasts for 70 years after the artists death. Site an example.
Make sure you know the definitions of the key terms!
In 2012 students were asked to refer to two artworks in the detachable insert. Giorgio de Chirico (Italy; 1888-1978), The Painter’s Family, oil on canvas, 1926 AND Imants Tillers (Australia; 1950 - ) Inherited Absolute, oilstick, gouache, synthetic polymer paint on 115 canvas boards, 1992.
DISCUSS legal and ethical considerations that may arise from Imants Tillers appropriation of Giorgio de Chirico’s artwork.