Visual
Culture
Professor: Brian Goldfarb | Winter 2005 UCSD
Week 7 Notes: "Ownership and Circulation of
Images"
John David Viera "Images as Property"
- Privacy doctrine
- Anticipated by slander and libel
- Emerges with Mass media in 1890
- Publicity doctrine
- Copyright (US Copyright Statute)
- Limited rights of the artist/inventor
- Note: copyright infringement is not limited to profitable uses
- Fair Use doctrine - the good of the public (news, education, private study, criticism and satire) (Fair use on the Web)
- First Sale doctrine (the rights of an owner of a copy)
- Recent changes to copyright law
Copyright Duration:
1709 (British): 14 years
pre-1976 (US): 28 years + 28 year renewal
1976 (US) 75 years (corporate) life + 50 years (individual)
1998 (US) 95 years (corporate) life + 70 years (individual)
- Trademark Law--from the common law doctrine of unfair competition
- Consent
| Individual Rights |
Public Good |
|
Privacy
(freedom from harm, emerges with the advent of the mass media) |
Fare Use: discourse, criticism and commentary
(Freedom of speech) |
Publicity
(a form of property rightNextension of copyright to personal image |
Fair Use and First Sale: criticism and commentary
(Freedom of speech) |
Copyright
(limited protection of creative expression to encourage art and invention) |
The free exchange of ideas fosters the growth of culture and furthering of science |
|
Trademark
(fair trade doctrine)
US Patent and Trademark office |
|
Some Key Problems and Qestions:
- Multiple creators: the rights of the subject/model vs the rights of the artist
- The role of the public in conferring value (publicity)
- Fine line between an idea and its expression
- The double role of images/icons as property and elements of discourse
- The multiple meanings of public, and the implications of placing oneself or images in public:
- Is the public of the street the same as the public of the mass media?
- How should we deal with images of private creative works displayed in public (buildings and statues)?
- Should the copying/reuse of mass cultural icons be limited?
- Is copyright mainly protecting creators and invetors or content providers?
Resources:
ARTMARK: Barbie Liberation Organization http://rtmark.com/blo.html
Illegal Art Exhibit: http://www.illegal-art.org/
Harvey R. Ball, designer of the Smiley Face, dead at 79 http://www.s-t.com/daily/04-01/04-14-01/a04wn028.htm
Pixel Plunder http://www.year01.com/plunder/
- Jeff Koons
- Sherie Levine
- Duchamp, LHOOQ, 1919
- Andy Warhol,
- Cambell's Soup Cans, 1962
- 129 Die in Jet, 1962
- Do it Yourself, 1962
- Komar and Melamid, Portraits of World Leaders with right Ear Cut Off, 1978
- ARTMARK: Barbie Liberation Organization
- Todd Haynes, Superstar
Style and Subcultures
Dick Hebdige, "Style as Intentional Communication"
- What defines a subculture?
- relative autonomy
- boundaries
- internal coherance around meaningful practices
- The study of subcultures
- response to globalization, and the limits of nationally defined ethnography
- the Chicago School of sociology (Howard Becker, Albert Cohen, Paul Cressey, John Irwin)
- focus on youth after WWII (youth culture as pardigmatic subculture)
- Style as spectacular subculture
- "Style in subculture is pregnant with meaning-- interrupting the process of normalization."
- style as an expression of resistance and dis-order (rejection of the normative values).
- subcultures are defined reciprocally from the inside and outside (media, criminology).
- Apropriation and style
- bricolage (Claude Levi Straus)--making do with what is at hand to create ones own cultural practices
- discourses of authenticity
- the relationship of youth subculture to commercial culture
"Andre the Giant Has a Posse" film by Helen Stickler about Shepard Fairy
http://www.battlesounds.com/