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

[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]

Subject: [Leica] Plagiarism vs. Derivation (re. Prince/Abell)
From: pklein at threshinc.com (Peter Klein)
Date: Fri Nov 28 16:07:14 2008

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


Replies: Reply from luisripoll at telefonica.net (Lluis Ripoll) ([Leica] Plagiarism vs. Derivation (re. Prince/Abell))