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vine turns his gesture back into an art object by elevating its materiality and finish as a feminist artist levine remakes works specifically by male artists who commandeered patriarchal dominance in art history 52 21st century edit appropriation is frequently used by contemporary artists who often reinterpret previous artworks such as french artist zevs who reinterpreted logos of brands like google or works by david hockney 53 many urban and street artists also use images from the popular culture such as shepard fairey or banksy 54 who appropriated artworks by claude monet or vermeer with his girl with a pierced eardrum 55 canadian cree artist kent monkman appropriates iconic paintings from european and north american art history and populates them with indigenous visions of resistance 56 in 2014 richard prince released a series of works titled new portraits appropriating the photos of anonymous and famous persons such as pamela anderson who had posted a selfie on instagram the modifications to the images by the artist are the comments prince added under the photos 57 58 damien hirst was accused in 2018 of appropriating the work of emily kngwarreye and others from the painting community in utopia northern territory with the veil paintings that according to hirst were inspired by pointillist techniques and impressionist and post impressionist painters such as bonnard and seurat 59 60 61 62 mr brainwash 63 is an urban artist who became famous thanks to banksy and whose style fuses historic pop imagery and contemporary cultural iconography to create his version of a pop graffiti art hybrid first popularized by other street artists 64 brian donnelly known as kaws has used appropriation in his series the kimpsons and painted the kaws album inspired by the simpsons yellow album which itself was a parody of the cover art for the beatles album sgt pepper s lonely hearts club band replaced with characters from the simpsons 65 on april 1 2019 at sotheby s in hong kong the kaws album 2005 sold for 115 9 million hong kong dollars or about 14 7 million u s dollars 66 in addition he has reworked other familiar characters such as mickey mouse the michelin man the smurfs snoopy and spongebob squarepants 67 in the digital age edit since the 1990s the exploitation of historical precursors is as multifarious as the concept of appropriation is unclear an unparalleled quantity of appropriations pervades not only the field of the visual arts but of all cultural areas the new generation of appropriators considers themselves archeolog es of the present time 68 some speak of postproduction which is based on pre existing works to re edit the screenplay of culture 69 the annexation of works made by others or of available cultural products mostly follows the concept of use so called prosumers 70 those consuming and producing at the same time browse through the ubiquitous archive of the digital world more seldom through the analog one in order to sample the ever accessible images words and sounds via copy paste or drag drop to bootleg mashup or remix them just as one likes french curator nicolas bourriaud coined the neologism semionaut a portmanteau of semiotics and astronaut to describe this he writes djs web surfers and postproduction artists imply a similar configuration of knowledge which is characterized by the invention of paths through culture all three are semionauts who produce original pathways through signs 71 appropriations have today become an everyday phenomenon the new generation remix 72 who have taken the stages not only of the visual arts but also of music literature dance and film causes of course highly controversial debates media scholars lawrence lessig coined in the begin of the 2000s here the term of the remix culture 73 on the one hand are the celebrators who foresee a new age of innovative useful and entertaining ways for art of the digitized and globalized 21st century the new appropriationists will not only realize joseph beuys dictum that everyone is an artist but also build free societies 74 by liberating art finally from traditional concepts such as aura originality and genius they will lead to new terms of understanding and defining art more critical observers see this as the starting point of a huge problem if creation is based on nothing more than carefree processes of finding copying recombining and manipulating pre existing media concepts forms names etc of any source the understanding of art will shift in their sight to a trivialized low demanding and regressive activity in view of the limitation of art to references to pre existing concepts and forms they foresee endless recompiled and repurposed products skeptics call this a culture of recycling with an addiction to the past 75 some say that only lazy people who have nothing to say let themselves be inspired by the past in this way 76 others fear that this new trend of appropriation is caused by nothing more than the wish of embellishing oneself with an attractive genealogy 77 the term appropriationism 78 reflects the overproduction of reproductions remakings reenactments recreations revisionings reconstructings etc by copying imitating repeating quoting plagiarizing simulating and adapting pre existing names concepts and forms appropriationism is discussed in comparison of appropriation forms and concepts of the 20th century which offer new representations of established knowledge 79 as a kind of racing standstill 80 referring to the acceleration of random uncontrollable operations in highly mobilised fluid western societies that are governed more and more by abstract forms of control unlimited access to the digital archive of creations and easily feasible digital technologies as well as the priority of fresh ideas and creative processes over a perfect masterpiece leads to a hyperactive hustle and bustle around the past instead of launching new expeditions into unexplored territory that could give visibility to the forgotten ghosts and ignored phantoms of our common myths and ideologies appropriation art and copyright edit appropriation art has resulted in contentious copyright issues regarding its validity under copyright law the u s has been particularly litigious in this respect a number of case law examples have emerged that investigate the division between transformative works and derivative works 81 what is fair use edit main article fair use the copyright act of 1976 in the united states provides a defense against copyright infringement when an artist can prove that their use of the underlying work is fair the act gives four factors to be considered to determine whether a particular use is a fair use the purpose and character of the use commercial or educational transformative or reproductive political the nature of the copyrighted work fictional or factual the degree of creativity the amount and substantiality of the portion of the original work used and the effect of the use upon the market or potential market for the original work examples of lawsuits edit andy warhol faced a series of lawsuits from photographers whose work he appropriated and silk screened patricia caulfield one such photographer had taken a picture of flowers for a photography demonstration for a photography magazine without her permission warhol covered the walls of leo castelli s new york gallery with his silk screened reproductions of caulfield s photograph in 1964 after seeing a poster of warhol s unauthorized reproductions in a bookstore caulfield sued warhol for violating her rights as the copyright owner and warhol made a cash settlement out of court 82 in 2021 the second circuit held that warhol s use of a photograph of prince to create a series of 16 silkscreens and pencil illustrations was not fair use the photograph taken by celebrity photographer lynn goldsmith was commissioned in 1981 as an artist reference for newsweek magazine in 1984 warhol used the photograph as a source to create a work for vanity fair along with 15 additional pieces goldsmith was not made aware of the series until after the musician s death in 2016 when condé nast published a tribute featuring one of warhol s works in its opinion the court held that each of the four fair use factors favored goldsmith further finding that the works were substantially similar as a matter of law given that any reasonable viewer would have no difficulty identifying the goldsmith photograph as the source material for warhol s prince series 83 the supreme court affirmed in a 7 2 decision holding that the licensing of the orange prince for use as a magazine cover did not qualify as fair use of a copyrighted photo taken for use in a magazine leaving for another day whether the painting itself could qualify as fair use 84 on the other hand warhol s famous campbell s soup cans are generally held to be a non infringing fair use of the soup maker s trademark despite being clearly appropriated because the public is unlikely to see the painting as sponsored by the soup company or representing a competing product paintings and soup cans are not in themselves competing products according to expert trademark lawyer jerome gilson 85 jeff koons has also confronted issues of copyright due to his appropriation work see rogers v koons photographer art rogers brought suit against koons for copyright infringement in 1989 koons work string of puppies sculpturally reproduced rogers black and white photograph that had appeared on an airport greeting card that koons had bought though he claimed fair use and parody in his defense koons lost the case partially due to the tremendous success he had as an artist and the manner in which he was portrayed in the media citation needed the parody argument also failed as the appeals court drew a distinction between creating a parody of modern society in general and a parody directed at a specific work finding parody of a specific work especially of a very obscure one too weak to justify the fair use of the original in october 2006 koons successfully defended a different work by claiming fair use for a seven painting commission for the deutsche guggenheim berlin koons drew on part of a photograph taken by andrea blanch titled silk sandals by gucci and published in the august 2000 issue of allure magazine to illustrate an article on metallic makeup koons took the image of the legs and diamond sandals from that photo omitting other background details and used it in his painting niagara which also includes three other pairs of women s legs dangling surreally over a landscape of pies and cakes in his decision judge louis l stanton of u s district court found that niagara was indeed a transformative use of blanch s photograph the painting s use does not supersede or duplicate the objective of the original the judge wrote but uses it as raw material in a novel way to create new information new aesthetics and new insights such use whether successful or not artistically is transformative the detail of blanch s photograph used by koons is only marginally copyrightable blanch has no rights to the gucci sandals perhaps the most striking element of the photograph the judge wrote and without the sandals only a representation of a woman s legs remains and this was seen as not sufficiently original to deserve much copyright protection in 2000 damien hirst s sculpture hymn which charles saatchi had bought for a reported 1m was exhibited in ant noises in the saatchi gallery hirst was sued for breach of copyright over this sculpture the subject was a young scientist anatomy set belonging to his son connor 10 000 of which are sold a year by hull emms toy manufacturer hirst created a 20 foot six ton enlargement of the science set figure radically changing the perception of the object hirst paid an undisclosed sum to two charities children nationwide and the toy trust in an out of court settlement the charitable donation was less than emms had hoped for hirst sold three more copies of his sculpture for similar amounts to the first 86 appropriating a familiar object to make an artwork can prevent the artist claiming copyright ownership jeff koons threatened to sue a gallery under copyright claiming that the gallery infringed his proprietary rights by selling bookends in the shape of balloon dogs 87 koons abandoned that claim after the gallery filed a complaint for declaratory relief stating as virtually any clown can attest no one owns the idea of making a balloon dog and the shape created by twisting a balloon into a dog like form is part of the public domain 88 in 2008 photojournalist patrick cariou sued artist richard prince gagosian gallery and rizzoli books for copyright infringement prince had appropriated 40 of cariou s photos of rastafari from a book creating a series of paintings known as canal zone prince variously altered the photos painting objects oversized hands naked women and male torsos over the photographs subsequently selling over 10 million worth of the works in march 2011 a judge ruled in favor of cariou but prince and gargosian appealed on a number of points three judges for the u s court of appeals upheld the right to an appeal 89 prince s attorney argued that appropriation art is a well recognized modern and postmodern art form that has challenged the way people think about art challenged the way people think about objects images sounds culture 90 on april 24 2013 the appeals court largely overturned the original decision deciding that many of the paintings had sufficiently transformed the original images and were therefore a permitted use 91 see cariou v prince 92 in november 2010 chuck close threatened legal action against computer artist scott blake for creating a photoshop filter that built images out of dissected chuck close paintings 93 94 the story was first reported by online arts magazine hyperallergic it was reprinted on the front page of salon com and spread rapidly through the web 95 kembrew mcleod author of several books on sampling and appropriation said in wired that scott blake s art should fall under the doctrine of fair use 96 in september 2014 u s court of appeals for the seventh circuit questioned the second circuit s interpretation of the fair use doctrine in the cariou case of particular note the seventh circuit noted that transformative use is not one of the four enumerated fair use factors but is rather simply part of the first fair use factor which looks to the purpose and character of the use the seventh circuit s critique lends credence to the argument that there is a split among u s courts as to what role transformativeness is to play in any fair use inquiry 92 in 2013 andrew gilden and timothy greene published a law review article in the university of chicago law review dissecting the factual similarities and legal differences between the cariou case and the salinger v colting case articulating concerns that judges may be creating a fair use privilege largely r...
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