![]() ![]() ![]() Also Cristina Garrido, whose series Local color is a foreign invention brings together fragments of the skies painted by great artists of the past such as Turner, Monet or Vermeer. In Spain, Equipo Crónica, Antoni Muntadas or Rogelio López Cuenca come to mind. In 2009, an exhibition at the Metropolitan Museum of Art in New York titled The Pictures Generation, 1974–1984 brought together several of these artists in an ode to appropriation. After Warhol, this has been the case with Sherrie Levine (the series After Walker Evans, for example, consists of photos shot on the pages of a catalog of that well-known American photographer), Richard Prince and Cindy Sherman. Later, artists turned to advertising images, supermarket products, or even, at one point, other works of art for similar purposes. In cinema, two directors that use appropriation include Quentin Tarantino and Pedro Almodóvar - indeed, their references are so literal that no one could interpret them as plagiarism.Īppropriation became an artistic technique at the beginning of the 20th century, with artists such as Picasso and Braque proclaiming that a painting did not have to represent anything if it could present it directly, for example by inserting into it an object taken from the everyday world (in the most famous case, a piece of oilcloth with a grid pattern) as a collage. It is a practice inherent to postmodernism, where the new and the old are placed, sometimes indistinguishably, on the same plane. It is distinguished from plagiarism because, where the plagiarizing artist literally copies the work of another, the appropriator performs an action more similar to a quote or a tribute, although often the original authorship is only implicit. In such a way, “we professionals are forced to combine the technicalities of the law with an understanding of how contemporary art works.”Īndy Warhol is one of the artists who has most recognizably and systematically used appropriation, one of the most characteristic creative strategies of art in the last century.Īppropriation in art consists of making a work of art from another pre-existing one. “As a lawyer I can understand the ruling,” says Cortés. Caulfield’s case was closed via an out-of-court settlement in which Warhol also delivered two paintings from the series to Caulfield and her lawyer. ![]() He made a handsome profit from the resulting works, selling them through the Leo Castelli gallery. In 1966 the photographer Patricia Caulfield sued Warhol for using a photograph of hers in his series “Flowers.” Before coloring it in his usual style, Warhol had cropped and rotated the image. In the case of Warhol’s “Prince Series” where the artist took Goldsmith’s portrait of the musician for his own use, ‘fair use’ would be judged according to whether the appropriation occurred for a substantially new and different artistic purpose.īy comparison, says Cortés, the European legal system requires a work appropriated by one artist from another to have the original artist’s permission, with an exception if it can be judged as “a parody, quotation or pastiche.” These exceptions are difficult to determine, given, for example, how many contemporary artworks use ready-made materials, Cortés notes, suggesting that “a Spanish judge could have reached the same conclusion as the American one.” The first legal decision was in their favor, but an appeals court found that there was no “fair use” of the original image, as Warhol did not alter it significantly.īlanca Cortés, an intellectual property lawyer and partner at the Spanish law firm Roca Junyent, explains that in the US legal system, fair use refers to “an exception to copyright” that is determined by a judge. The foundation in turn filed a lawsuit seeking a declaration that Warhol’s use of Goldsmith’s image was legitimate and no infringement had taken place. ![]() She reported this to the Andy Warhol Foundation, saying it was a violation of her copyright to her own work. Photographer Lynn Goldsmith discovered in 2016 that Warhol’s “Prince series,” a set of 16 portraits of the musician Prince made in 1984, was extrapolated from a photograph she took. An upcoming trial in his home country, the United States, will decide whether you can keep getting away with it after your death. Pop art king Andy Warhol once said that art is anything you can get away with, an ethos that has come to define the use of ready-made materials in contemporary art, including the appropriation of works by other artists. ![]()
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