subject VCE STUDIO ARTS - FASHION
teacher amy mclellan
In Rogers v. Koons, 960 F.2d 301 (2nd Cir. 1992)
Art Rogers had taken a photograph of people holding puppies and Jeff Koons made a sculpture of the subjects in the photo to comment on the banality of such photos.
As you can see, they are nearly identical and the court easily found substantial similarity. Koons use is a derivative work but the court also found that it was not sufficiently transformative because the changes did not readily provide the intended commentary.
Appropriation in art
Appropriation occurs when an artist copies part or all of another artist’s work and recreates the images in their own artwork, without intending to deceive or defraud anyone.
The difference between Forgery and Plagiarism
The difference between forgery and plagiarism is that in forgery a reproduction of an artwork is created and then passed off as the original. This contrasts with plagiarism, where an individual will claim someone else’s work as their own.
Copyright and moral rights
The main conditions regarding copyright and moral rights in the art industry. (This includes the length of time copyright on an artistic work lasts for in Australia.)
Copyright covers photography, computer programs, films and videos. It also covers artistic works, musical works, literary works such as books and dramatic works such as plays and screenplays.
In Australia, copyright has the rights to prevent anyone from reproducing the work.
When someone buys an artwork they do not own the copyright of the artwork unless there is an agreement when giving them the artwork.
There are two moral rights, the right of attribution and the right of integrity.