Graphics Reference
In-Depth Information
For example, in 1991, Robert Rauschenberg
incorporated a photo of a car from an old
Time
maga-
zine into a collage, and was sued by the commercial
photographer who took the photo. Mistakenly, he
viewed the decades-old work as “found” material.
Students often do the same, scanning elements from
magazines and topics. The sources frequently are an
important element in their composition. Anyone who
appropriates materials from magazines and design annu-
als could someday present their portfolio to the very
person who created the source art.
People come into the industry
having done very well in school,
but they don't know how to draw.
If they had some reasonable level
of drawing skills, they could have
put down an idea in less than a
minute. Instead they spend hours
going through found photogra-
phy, trying to find precisely the
right photo. I don't think that's
healthy for our industry.
—Stan Richards
Derivative art
“Derivative” art is work that is based on some-
one else's creative output. The Copyright Act clearly
states that only the original work's copyright owner can copy, duplicate, reprint, alter,
or adapt it.
What about the “gray area,” where you think you've altered the piece to such
a degree that it qualifies as new art? The law takes a commonsense approach to these
actions. If you pluck a person off the street and show her both images, would she rec-
ognize them as being similar? If so, no matter how you've changed the work, you
have violated the law.
Sometimes the medium you select for your derivative art affects its usage.
Many artists use art classics for inspiration, or as a starting point from which to com-
ment on or satirize the work. When appearing in a painting or other one-of-a-kind
work, the use can be perfectly legitimate. But a reproduction of the same artwork
that could be downloaded and printed—like a piece of your online portfolio—might
fail the rights test. Even if the work is supposedly in the public domain, it may be
owned and licensed by the museum where it's displayed. See “Terms of Ownership”
above for information on how to determine the status of a work you want to use.
Derivative style
There is a big difference between adapting an existing artwork and working in
the style of another artist. Working in someone else's style can be an homage, particu-
larly if the artist has historical relevance and the work is not a copy of any existing
work. It can also be a way to get the superficial benefit of a distinctive look without
having to pay the original creator. Copyright law has no way of protecting the original
artist or designer in either case.
For example, one of the best-known graphics from the late '60s is Milton
Glaser's Bob Dylan poster. If you scan a copy of his poster, change the colors in the
hair design, and straighten Dylan's nose, you have done more than use an idea. You
have created a work to replace the original and have violated Glaser's copyright.
