APPROPRIATION and ORIGINALITY

Appropriation and Originality

LICENSING AGREEMENTS

The Australian copyright law of 1968 protects artists from having their work exploited, plagiarised or used without permission. In Australia copyright law lasts 70 years after the artist’s death but the copyright license may be sold before this under certain circumstances. Although some people will always do what they want the Copyright Act offers legal regress for artist’s if copyright is breached. Artworks are automatically protected by copyright once they are created, however, it is recommended by the Australian Copyright Council to feature a copyright notice on the artwork that includes: the artist’s name, the year it was made, eg. Tracey Moffatt, 2011.

A licensing agreement is an arrangement whereby an artist or lawful copyright owner can grant permission to another party to use material for a particular period of time. Details of how the material will be used form part of the agreement. Mambo is a company that will often use images created by artist’s to print onto their garments. A licensing agreement may be drawn up to allow Mambo to print a certain image on a specified number of garments, or for a particular period of time.
To obtain consent you need to contact Visual Arts Copyright Collection Agency(VISCOPY est 1995) to see if the artist is represented by VISCOPY.

MORAL RIGHTS

Legislation was passed in December 2000 awarding artists moral rights effective immediately upon the creation of a new artwork. These rights include a RIGHT OF ATTRIBUTION, that the artwork may not be falsely attributed to someone else, as well as the RIGHT OF INTEGRITY, that the artwork may not be used in a way that is prejudicial to the artist’s reputation or honour in any way. Only the original creator has moral rights and these rights cannot be transferred, assigned or sold. Moral rights continue after the creator’s death and are then administered by the creator’s legal representative.

RESALE

ROYALTY

APPROPRIATION

A resale royalty right, when introduced into Australia, will entitle the artist to a percentage of the sale price each time their work is resold. The artist will be entitled to 5% of the resale price. The artist receives the royalty even if the copyright is owned by someone else. The entitlement of the royalty cannot be transferred but passes to the artist’s estate after their death. The seller or sellers agent and the buyer or buyers agent are all jointly liable to pay the royalty.

Appropriation is the practice of openly borrowing, re-working and re-presenting, quoting existing imagery or the style of an artist for use in a new artistic context. Some artists have used the technique of appropriation to:
• Transform the image or idea into a new context to create new meaning.
• Pay homage or tribute through intentional referencing of one piece of art in another
• Create social, political or symbolically altered artworks.
• Critique established views about the nature of art.
• Question the concept of originality.
Some artists may be honoured to have their work appropriated by another artist. Other artists may be offended, particularly if they fell the artist has used sacred imagery, misrepresented their work, implied a contentious meaning or has utilised the work for inappropriate commercial gain.

You could look at Anne Zahalka and…….
Anne Zahalka Frederick McCubbin
The Immigrants, 1985 The Pioneers, 1904
Anne Zahalka Jan van Eyck
Marriage of Convenience, 1986 Giovanni Arnolfini & his

You could look at Anne Zahalka and……. Anne Zahalka Frederick McCubbin​ The Immigrants, 1985 The Pioneers, 1904​ Anne Zahalka Jan van Eyck​ Marriage of Convenience, 1986 Giovanni Arnolfini & his

bride 1434​ Anne Zahalka Max Dupain​ The Sunbather, 1989 The Sunbaker, 1937​

You could look at Anne Zahalka and…….
Anne Zahalka Frederick McCubbin
The Immigrants, 1985 The Pioneers, 1904
Anne Zahalka Jan van Eyck
Marriage of Convenience, 1986 Giovanni Arnolfini & his

bride 1434
Anne Zahalka Max Dupain
The Sunbather, 1989 The Sunbaker, 1937