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| PROGRAMMING FOR ARTISTS (Studio Art 100): Appropriation | |
| Guidelines | |
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Intellectual property law is complicated, and if you intend to seriously use appropriated artwork as an element in your own artworks, you are advised to familiarize yourself with the basic legal codes governing such works. This is partly a matter of intellectual honesty (understanding how your own work relates to other, prior artworks) and partly a matter of sensible self-preservation (ignorance of the law is no defense). What follows is only the most basic information pertaining to your rights to use such work under the "fair use" doctrine without compensating the original artist. There are no hard and fast rules in this area; only a set of guidelines tending to show whether your use would be considered fair or an illegal transgression of someone else's copyright. (The latter case would leave you open to prosecution.) Essentially, there are four factors to consider when appropriating existing media to incorporate into your own work: 1. The purpose and character of the new work. New works that are educational or socially critical (satirical, political) are more protected than are new commercial works. Works that are seen as profoundly "transformative" of the source material are also more protected. 2. The nature of the original work. Source works that are factual are less problematic to appropriate than highly creative works. Out-of-print works are also less problematic than in-print works. 3. How substantial a part of the original was taken. Taking a great deal of an original, or taking the most essential parts, can both be problematic. 4. The effect of the new use on the market for the original work. Work that is targeted to a completely different market than the original is more protected. None of these rules of thumb directly address the ethical issue of crediting artists whose work you appropriate. For this class, you must credit all appropriated works in your Max patch comments.
Below are links to some sources where you can find more detailed information:
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| Resources | |
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