Archived posting to the Leica Users Group, 2008/12/01

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Subject: [Leica] Plagiarism vs. Derivation (re. Prince/Abell)
From: luisripoll at telefonica.net (Lluis Ripoll)
Date: Mon Dec 1 14:07:46 2008
References: <5.1.0.14.2.20081128153626.00c5db00@mail.threshinc.com>

Hi Peter,

Very good snaps, the first I like the best

http://users.2alpha.com/~pklein/currentpics/Spyglass.htm

Saludos cordiales
Lluis


El 29/11/2008, a las 1:07, Peter Klein escribi?:

> 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.
>
> --Peter
>
>
> _______________________________________________
> Leica Users Group.
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In reply to: Message from pklein at threshinc.com (Peter Klein) ([Leica] Plagiarism vs. Derivation (re. Prince/Abell))