Controversial Wednesdays: Fair Use Appropriation vs. Intellectual Theft via Hyperallergic

So, lovies, I hope that y’all had (or will have) the pleasant holidays or not-holidays of your choice.  Mine was insane what with the not!Apocalypse intervening.  Although, it did make liveblogging the apocalypse so much fun over on my Tumblr.

Okay, things that I’ve been up to since the last time I was here chatting with y’all:

spindle’s work, Zellandine’s denouement
2012
Katrina (‘Trie) Blasingame
Hello Purl art batt, fairy lights

Still working on the spindle’s work, Zellandine’s denouement series (which is going to be in a show not-at-the-ARTgarage in February!).

Spinning 450 yards of the worst spinning to ever to have existed.  Ever.  It was like spinning freakin’ elastic.  So not something that I ever want to do again.  Seriously.

Thor and Loki. Loki has evidently been up to some sort of mischief.
“Brother! What have you done now?!?!?”

Making weird vignettes with my bobble-heads and posting them to my Instagram and my Tumblr because I can…and because I’m kinda insane.  BUT IT’S FUN THOUGH!

Sorry-not-sorry.

unnamed friends: why does it always have to have big, nasty teeth?
2012
Katrina (‘Trie) Blasingame
pastel

Evidently, the unnamed friends series (or, at least, it’s severely dark and twisted incarnation) is still going.  IDEK.

Being a pop-gun pirate.  Because I can. <–It’s my weapon of choice.

I’ve also been cleaning and re-arranging my studio, so that was a thing that happened.

Okay, now to actually relevant-to-the-art-world sorta things.

So, evidently, there was more-than-bit of controversy at the Miami Scope, which Hyperallergic took some extra time to talk about in “When Is Appropriation Just Copying?

MAKE CERTAIN TO READ THE ENTIRE ARTICLE!  Maybe even click some of the links.  Ya know, before anyone throws a fit.  Okay?

when he noticed something: work by an artist named Josafat Miranda that looked exactly like his own. Miranda had taken photographs shot by Levesque years ago and painted them nearly to a tee — recreations with added color and flair. He had done the same thing with some photos shot by Marie Killen. Miranda’s pieces were being sold for $4,000 a piece at a gallery booth at Scope.

Levesque didn’t say anything at the time, but a few days later, he lined up the pairs of images side by side and posted about it on Tumblr. The post went viral, newspapers picked up the story, and the repercussions for Miranda were swift: within days, Robert Fontaine Gallery had pulled his work, canceled his pending sales, dropped him from its roster, and denounced him.

It’s actually a very complicated discussion, and this may not be the best example as the basis for this discussion because, honestly, we’re not really getting whether or not Miranda had a conceptual re-contextualization of Levesque’s work or not; therefore, a truly informed conversation about this particular incident is difficult to have. <–I actually kinda want to know whether or not he was indicating where he was getting the imagery from. It doesn’t necessarily change anything, but it would expand the breadth of the conversation.

Yet, this is a very interesting fair use vs. intellectual theft conversation–especially since Levesque was less concerned about his work and more about his friend, Marie Killien’s, whose a young, struggling artist and that Levesque provided examples about what Miranda could have done to tread the line of fair use BETTER.

And, maybe, this is the difference between artists that came up through the ranks of deviantArt and Tumblr and other places that have a heavy fan-culture association, who came out of fan culture to begin with, versus those that come out of a purely fine art background: we live off of the mash-up; we borrow heavily; we synthesize, and usually, we’re very good about saying where our inspirations are coming from. Because that’s how we survive as a fan culture.

We also police the hell out of ourselves so that everyone knows where the lines are.

This is a conversation that’s going to have to happen more and more as artists of all flavors come out of these fan places (I see it on Tumblr a lot with cosplay, oddly.) because, as much as it may seem simple and straightforward, there is rarely anything that IS simple and straightforward.

So, what do y’all think about this?

Remember, be reasonable, be thoughtful, be considerate.

Courage.

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