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rights of artists and works of art

updated sat 18 dec 99

 

hal mc whinnie on wed 15 dec 99

there are two rights which are absolute
1] the right of a work of art[the object not the artist] to not be
abused.
2] the right of the artist to have access to all of art history for
purposes of creation and adaptation.

these two rights are in conflict one with the other.

The tension generated between the right of an artist to have access for
their own creative purposes to all of art history is in necessary
conflict with the work of art which has a right to not be abused by
copying, adaption etc.
the tension created between those two rights is at the core of the
creative process. How the artist reconciles this tension is vital to the
creative act.

I am not talking about either the rights of the owner of the work of art
such as art museums or the rights of the creator of the work of art.

i am currently doing digital collages in the manner of Joseph Cornell, i
use reproductions of art works[ all done by dead white men] and
incorporate those into scanned images of flowers, ceramic tiles, and my
won drawings.

Paul Taylor on fri 17 dec 99

Dear Hal
I Think what you say is true. I know of no artist who ever worked in a
vacume and the best artists are quick to boast their influences. I suspect
this is because they know that they have taken the idea and run so far with
it that the idea has a new identity. However it is very difficult to judge
at what point any piece becomes an original work.
At the moment I have a piece of sculpture which I am very pleased with.
It has taken me years to get it this far with it but I live in fear of some
'personality' copying the idea.
Paul


>From: hal mc whinnie
>To: CLAYART@LSV.UKY.EDU
>Subject: rights of artists and works of art
>Date: Wed, Dec 15, 1999, 10:45 pm

>----------------------------Original message----------------------------
>there are two rights which are absolute
>1] the right of a work of art[the object not the artist] to not be
>abused.
>2] the right of the artist to have access to all of art history for
>purposes of creation and adaptation.
>
>these two rights are in conflict one with the other.
>
>The tension generated between the right of an artist to have access for
>their own creative purposes to all of art history is in necessary
>conflict with the work of art which has a right to not be abused by
>copying, adaption etc.
>the tension created between those two rights is at the core of the
>creative process. How the artist reconciles this tension is vital to the
>creative act.
>
>I am not talking about either the rights of the owner of the work of art
>such as art museums or the rights of the creator of the work of art.
>
>i am currently doing digital collages in the manner of Joseph Cornell, i
>use reproductions of art works[ all done by dead white men] and
>incorporate those into scanned images of flowers, ceramic tiles, and my
>won drawings.