This week we explored what was described as strategies of mediation – using and re-using existing images. This process refers to appropriation, referencing or remixing an image. In an earlier module we had explored the well documented copyright case of Cariou vs. Prince. French photographer Patrick Cariou opened a case against Richard Prince and his gallery, Gagosian, for copyright infringement. Prince, a well known appropriation artist had incorporated some of Cariou’s images from his book, Yes, Rasta, published in 2000, into his series of paintings and collages called Canal Zone, exhibited in 2008 at New York’s Gagosian Gallery. See post here.

Another well known case is that of artist Joy Garnet and photographer Susan Meiselas in the case that came to be known as ‘Joywar’. Garnet, a New York artist, creates paintings based on found photographs gathered from the mass media. In this particular case, she based her work on an uncredited image found on the web that was in fact a piece of a 1979 photograph by Susan Meiselas. This became a copyright case which raises important questions around issues of appropriation and context.

Looking at the three images above, the question arises as to when an image is replicated even when using a different medium, how closely it resembles the original work could potentially infringe upon copyright. The final image by Banksy bears some resemblance to the original Molotov Man but does it in fact derive from this original image. Interestingly, Banksy recently lost a trademark case against a greeting card company that used his iconic image without consent.

From my own perspective as a photographer, I would not like my artwork to be appropriated, referenced or remixed my images as this could change the context of the image and thus dramatically change the meaning and intent of my original artwork. Furthermore, there is the ethical consideration of profiting from another artist’s work without consent. I have already experienced this on social media where one of my images was used to create a composite image that I did not agree to. It was resolved by engaging with the individual concerned and asking for my work to be credited.

I have subsequently attended a number of very good online workshops presented by Creative Wick Hackney during the Covid-19 lockdowns, one of which addressesd issues of copyright and how to protect our work as artists.

References:

• Independent.co.uk. 2020. Banksy Loses Art Trademark Battle In ‘Devastating’ Ruling. [online] Available at: <https://www.independent.co.uk/arts-entertainment/art/news/banksy-flower-thrower-lawsuit-full-colour-black-trademark-copyright-identity-b464781.html&gt; [Accessed 13 October 2020].
• 100 Photographs | The Most Influential Images of All Time. 2020. How A Photo Of A Man Throwing A Molotov Cocktail At A Soldier Became A Symbol Of Revolution In Nicaragua. [online] Available at: <http://100photos.time.com/photos/susan-meiselas-molotov-man&gt; [Accessed 13 October 2020].