Archived posting to the Leica Users Group, 2008/11/28

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Subject: [Leica] Plagiarism vs. Derivation (re. Prince/Abell)
From: wildlightphoto at earthlink.net (wildlightphoto@earthlink.net)
Date: Fri Nov 28 16:29:09 2008

Peter Klein wrote:

>In George's "devil's advocate" post, "A Photo Editor" proposed in his blog 
>that if Richard Prince can't get away with copying Sam Abell's photo--in 
>its entirety, and claiming it as a new work--then none of us can photograph 
>anything containing any other image or logo.  In other words, unless we 
>allow blunt-force plagiarism, no derivations are possible.
>
>Sorry, that's absurd.  Again, it comes down to that "new matter" phrase I 
>mentioned in a previous post. It's the difference between a simple copy, 
>and using something as an element in a larger work.  Consider this photo of 
>mine:
>http://users.2alpha.com/~pklein/currentpics/Spyglass.htm
>
>Clearly, I've used another photograph as an element of the piece.  The 
>advertisement on the left is part of a big poster for a new condos that 
>were being built on the street. It's on a high ridge that has good views 
>both east and west.  To the left, out of view of the crop, is a mirror 
>image of what you see.  Here's the original scene before cropping:
>http://users.2alpha.com/~pklein/temp/L1003004OrigView.jpg
>
>The ad says: "You have mountain view in two directions from this building, 
>wouldn't you just love to live here?."  My picture, which uses only half 
>the ad, says something entirely different--"Big Sister is watching you." I 
>believe I created a whimsical juxtaposition that was also a wry comment on 
>life post-9/11.  So there is substantial "new matter" in my photo.
>
>I wouldn't dream of simply copying the original advertisement and passing 
>it off as my own. But of course, Richard Prince is a Great Artist, and I'm 
>not.

I suppose Richard Prince can get away with is because he's boldly defining a 
new kind of art: Plagiarism Art.  If this is what it takes to be an Artist 
I'm very happy to be something else.

Doug Herr
Birdman of Sacramento
http://www.wildlightphoto.com



Replies: Reply from jayanand at gmail.com (Jayanand Govindaraj) ([Leica] Plagiarism vs. Derivation (re. Prince/Abell))
Reply from stasys1 at cox.net (Stasys Petravicius) ([Leica] Plagiarism vs. Derivation (re. Prince/Abell))