[NetBehaviour] Cariou vs. Prince: THE COPYRIGHT BUNGLE

Rob Myers rob at robmyers.org
Fri Apr 1 21:46:15 CEST 2011


On 01/04/11 20:11, brian gibson wrote:
>> The"original" is a pastiche of documentary styles produced without
>> compensating its models.
> 
> this is the nature of all! surely you understand the difference between
> inspiration and blatant theft?

If you copy an image, the original is still there. It is not theft. But
if you seize and destroy a unique artwork, that's theft. Not just from
the artist, but from society.

> the line may be blurry, but to pretend there is no line at all...

Documentary photography is simple uncompensated "theft" of an image, and
yet in this case we are being asked to privilege that over the creation
of a unique original artwork.

>>> to profit off the back of another artist is disgusting.
>>That means that schools, genres, and media are "disgusting".
> 
> well... genres and media/are/ disgusting. 

:-)

> but yes, students should be encouraged to experiment and take direction
> from/with materials provided/found in their studies.
> i view this repurposing of other's work as a way to practice, not as a
> way to make a living. 

But this applies to all non-abstract art. There are chairs, and people,
and locations in representational paintings that are covered by design,
personality or other rights.

Art must be free to refer to and represent the forms of wider society if
it is to have the value that copyright is meant to protect.

>> But this law can suppress anything you create if it fails an arbitrary
>> test of originality.
> 
> perhaps suppress your ability to make money from said creation.

It suppresses the ongoing existence of an original, physical artwork
that cannot be replaced by its reproduction.

It destroys irreplaceable artworks.

> i've made several videos and albums created entirely from sampled material.
> haven't sold a lick. haven't heard from any lawyers or government.

The freedom to make art as long as nobody buys it is a hollow freedom. I
certainly exercise it to my heart's content, but I've no desire to force
everyone else to join me. :-)

> at this point it seems the creation is not what is illegal.
> it's what you do with that creation.

But it is. You simply haven't attracted the attention of lawyers yet. If
what you do with it is to gain a mass audience, then you will.

- Rob.

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