The subject matter of Peter Pullover
First,the question arises from which kind of Copyright subject matter is Peter Pullover’s work?
The basic facts are not in dispute.Pullover’s work is a quirky photo ,”a product of photography or a process similar to photography”[ From lecture-slides (week-2)], featured three objects,within the meaning of “photograph” as one kind of artistic work under the protection of copyright.
Exclusive rights of copyright
“In general terms,copyright is infringed when an act that is within the exclusive right of the copyright owner is undertaken.”[ From reading guide (P9)]To see whether the making of T-shirt for staff and customers constitute an infringement of copyright owned by Peter Pullover under Australian law,the
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question of exclusive rights owned by Peter Pullover is raised. According to the chart “Subject Matters to which the Exclusive Rights Apply”[ From lecture-slides (weel-3)],the rights granted by copyright under artistic work are duplication,reproduction,publish,communication. Elements of infringement Divinia’s image is characterized by three objects:a mouse,a cocktail umbrella ,and an apple.When creating her image,she found it diificult to keep the mouse still and take the photos.Ultimately,she created the photo from scratch,using some stock photographs of the individual items and manipulating them in the ideal positions. The image is used for the logo on the T-shirt for staff at the coorperative to wear. Reproduce/communication Substantiality The substantial part of Pullover’ photograph is the objects of the photo and the placement of three objects,for which Mr. Pullover is known.whether what has been reproduced from Pullover’s work represents a substantial part of that work.To address that I need to identify what has been reproduced. Elements of the composition of the Pullover’s work which have not been taken are as follows:the angle of the mouse and the items. the mouse is presented by its facade whein Davinia’s image the mouse’s profile is photographed. The items in Pollover’s photograph are mouse,cocktail umbrella and a cheese,whereas in Davinia’s image the cheese is replaced by an apple. The width between mouse and cheese are bigger than that between mouse and apple in Davinia’s image. Although the images undoubtedly differ in their composition,the essence of the overall composition of the protected work have been reproduced.the image is composed by three objects.Both of them contain a mouse and an cocktail umbrella.The mouse is positioned on the left consistently,while the other iterms are on the right with an umbrella on the top.
It is clear that some important part of Pullover’s photograph have not been reproduced by Davinia.The question is whether,without them,what has been reproduced is a substantial part of Pullover’s work.The elements which have been reproduced are a substantial part of Pullover’s photograph,because,despite the absence of some compositional element(an apple but not a cheese),they still include the key characteristics of the components and placement of three subjects.It is the thought impelling components,which leaves the viewer to guess a connection between them and the composition that make Davinia a famous photograher for quirky photographs. On the question of copying,as far as I am concerned,the common elements between the protected work the Davinia’s image are casually related.In other words,they have been copied. first the evidential onus lies on the undoubted access of Davinia to Pullover’s work .While coming up with an appropriate design,Davinia was caught attention by Pullover’s photogragh,which has successful inspired Davinia. substantial similarity Second,i refer to the substantial similarites between the works.
These differences all exist but it seems to me that on the question of copying they do not help.These two photos are “objectively similar”.Tin this case it is not a coincidence that both images show three objects with the mouse on the left,an apple or the cheese on the left ,and an cocktail umbrella on the top.The reason the Davinia’s photograph is like that obviously because she saw Pullover’s work.The diiferences do not negative copying.
Thirdly,Davinia’s work is undoubetedly post -dates the protected work.It’s after seeing the copyright granted work “©Peter Pullover,2016” when Davinia created her work and applied them T-shirts.
Individual items of Davinia’s image come from stock photographs.The mouse , the apple and the cocktail umbrella are common one.However,there are myriad of ways in which any animals ,prop,and fruits can be put together that would not have been inappropriately based upon the Pullover’s work yet Davinia has done so in a way which is very similar to Pullover’s photograph.The fact that,items such as mouse,cheese and umbrella are common to public but particular components and placement of the photo are unique to
Pullover. Limitations on exclusive rights of copyright Consent From the case,it’s not suggested that neither expressed and implied license have been granted for Daviania from Pullover. Fail dealings To see whether Davinia’s work are permitted acts. Davinia thinks her image will be enjoyable and she will also be poking fun at Pullover’s photograph.Besides,she plans to sell the remaining T-shirts to loyal customers and use the proceeds to pay the electricity bill.In other words,the creation of the image is for commercial purpose. Whether Davinia’s image can be defined as”parody”?Assumed it is parody,whether the commercial parody may be a fair use within the the permitted act? Parody The term”parody”is described as “a literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule”[ “Campbell ,aka Skywalker v. Acuff-Rose Music”510.U.S. 569(1994)]For the purposes Modern dictionaries accordingly describe a parody as a "literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule," 12 or as a "composition in prose or verse in which the characteristic turns of thought and phrase in an author or class of authors are imitated in such a way as to make them appear ridiculous." 13 For the purposes of copyright law, the nub of the definitions, and the heart of any parodist's claim to quote from existing material, is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works. See, e.g., Fisher v. Dees, supra, at 437; MCA, Inc. v. Wilson, 677 F.2d 180, 185 (CA2 1981). If, on the contrary, the commentary has no critical bearing on the substance or style of the original composition, which the alleged infringer merely uses to get attention or to avoid the drudgery in working up something fresh, the claim to fairness in borrowing from another's work diminishes accordingly (if it does not vanish), and other factors, like the extent of its commerciality, loom larger. 14 Parody [ CAMPBELL v. ACUFF-ROSE MUSIC, INC., ___ U.S. ___ (1994) , 11] needs to mimic an original to make its point, and so has some claim to use the creation of its victim's (or collective victims') imagination, whereas satire can stand on its own two feet and so requires justification for the very act of borrowing. 15 See Ibid.; Bisceglia, Parody and Copyright Protection: Turning the Balancing Act Into a Juggling Act, in ASCAP, Copyright Law Symposium, No. 34, p. 25 (1987). - See more at: http://caselaw.findlaw.com/us-supreme-court/510/569.html#sthash.wAJfKaIb.dpuf
If someone who had no prior knowledge about art, or the elements and principles of design, were given five seconds to look at these two paintings, they’d probably say they had almost nothing in common, other than the fact that they both feature mountains, and it’d be true for those people. But, if you are someone that does know a lot of information
For her first point of the “still-life on the counter” she argues that the objects on the counter are for “public consumption” and that the labels on the bottles
For my museum selection I decided to attend Texas State University’s Wittliff Collection. When I arrived, there was no one else there besides me and the librarian. To be honest, I probably would have never gone to an art museum if my teacher didn’t require me to. This was my first time attending the Wittliff Collection, thus I asked the librarian, “Is there any other artwork besides Southwestern and Mexican photography?” She answered, “No, the Wittliff is known only for Southwestern and Mexican photography.” I smiled with a sense of embarrassment and continued to view the different photos. As I walked through Wittliff, I became overwhelmed with all of the different types of photography. There were so many amazing pieces that it became difficult to select which one to write about. However, I finally managed to choose three unique photography pieces by Alinka Echeverria, Geoff Winningham, and Keith Carter.
Johnson, Brooks. Photography Speaks: 150 Photographers on their Art.” New York: Aperture Foundation Inc., 2004. Print.
In society we are surrounded by images, immersed in a visual world with symbols and meaning created through traditional literary devices, but augmented with the influence of graphics, words, positioning and colour. The images of Peter Goldsworthy’s novel, Maestro (1989) move within these diameters and in many ways the visions of Ivan Sen’s film Beneath Clouds (2002) linger in the same way. Both these texts explore themes of appearance versus reality and influence of setting, by evoking emotion in the responder through their distinctively visual elements.
The source photograph is a tightly cropped head and shoulder shot. The subject is a family member or friend. The finished work is always titled by the subject’s first name alone (with the exception of “Self-Portrait”). This decision was intended to project an aura of anonymity, allowing viewers to approach the work without preconceived ideas about the sitter.Close’s working method is extremely labor-intensive. He begins by dividing his source photograph into a grid and creating a corresponding grid on the canvas. He then meticulously transcribes the image onto the canvas square by square, proceeding from the top left to the bottom right.
Peanut butter and jelly, a common combination of two separate entities, most people have heard of this duo, many enjoy it, but only one manufacturer packaged them together in a handy snack. Much like the tasty treat that is Goobers is the tasty duo of Adam Fuss and Roland Barthes. Two separate men, Adam Fuss and Roland Barthes put together in one reading, complementing and accentuating each other. Fuss and Barthes, they share an interest in photography, they share an interest in the foundation and principles of photography, more over they share an interest in photography that is deeply personal. Fuss takes the camera out of photography. Barthes takes photography out of art. Both men want to get to the essence of what a photograph is, one by thinking and writing about it and one by doing it. In this paper I will show how Adam Fuss’ work matches up with and demonstrates the ideas of Barthes’ in Camera Lucida. I will look at one body of work at a time and show which parts of Barthes’ ideas are present in the work, in its creation and its theory. I will start with his first professional body of work, move through to his most recent work and then look back to some of his childhood pictures. Whether Barthes' ideas actually influenced Fuss’ work I am not sure of, I have not found any text or interview that leads me to believe that it is, however I would not be surprised if it has.
These two artworks are similar and also have differences they range from the colours, shape, and
A picture is more than just a piece of time captured within a light-sensitive emulsion, it is an experience one has whose story is told through an enchanting image. I photograph the world in the ways I see it. Every curious angle, vibrant color, and abnormal subject makes me think, and want to spark someone else’s thought process. The photographs in this work were not chosen by me, but by the reactions each image received when looked at. If a photo was merely glanced at or given a casual compliment, then I didn’t feel it was strong enough a work, but if one was to stop somebody, and be studied in curiosity, or question, then the picture was right to be chosen.
Winogrand discovered photography at a point in time when unconventional photos were just beginning to emerge. Although it was thought that photojournalism had offered the most opportunity, this new and unconventional direction of photography was preferred. Artists were now able to shoot what they desired not what they were told to shoot. This revolutionary form of photography was based on emotion and intuition as opposed to precision and description. Exploring real life became more of the focus, instead of calculated or planned out pictures. In the early fifties, Winogrand attempted to become a freelance photographer, but the money he was making was not sufficient enough to support his new wife and children. He was forced to spend most of his time working for magazines such as Colliers, Redbook, and Sports Illustrated. At this time Winogrand’s photo’s had no distinction from any other photojournalist, but he always felt different and waited for the chance to prove it. He once said, “ The best stories were those that had no story line…on entertainers…or athletic contests, where the photographer could forget narrative and concentrate on movement, flesh, gesture, display, and human faces”(Szarkowski, p17).
Physical elements such as composition, position of figures in space, brush work, color, viewpoint, and surface treatment all contribute to this separation of similar subject matter. The composition of The Weeders is un cropped, fairly balanced and symmetrical. The foreground is bold, the middle ground is expansive and the back ground strong and deep. Our view is that of perhaps a weeder on the field. Homer’s Carnival is cropped and less symmetrical with figures emerging from off the canvas. Less emphasis is placed on use of foreground, in turn creating less depth. Breton’s figures hold much movement and expression, women working the field are crouched close to the viewer. Farther back a woman stands alone, basket full, gaze and body positioned toward the setting sun. The women weeding are bent and tired.
"A photograph is not merely a substitute for a glance. It is a sharpened vision. It is the revelation of new and important facts." ("Heilbrunn Timeline of Art History."). Sid Grossman, a Photo League photographer expressed this sentiment, summarizing the role photography had on America in the 1940’s and 50’s. During this era, photojournalism climaxed, causing photographers to join the bandwagon or react against it. The question of whether photography can be art was settled a long time ago. Most major museums now have photography departments, and the photographs procure pretty hefty prices. The question of whether photojournalism or documentary photography can be art is now the question at hand. Art collectors are constantly looking to be surprised; today they are excited by images first seen in last week’s newspapers as photojournalism revels in the new status as art “du jour” or “reportage art”.
In the book “Ways of Seeing,” John Berger explains several essential aspects of art through influence of the Marxism and art history that relates to social history and the sense of sight. Berger examines the dominance of ideologies in the history of traditional art and reflects on the history, class, and ideology as a field of cultural discourse, cultural consumption and cultural practice. Berger argues, “Realism is a powerful link to ownership and money through the dominance of power.”(p.90)[1] The aesthetics of art and present historical methodology lack focus in comparison to the pictorial essay. In chapter six of the book, the pictorial imagery demonstrates a variety of art forms connoting its realism and diversity of the power of connecting to wealth in contradiction to the deprived in the western culture. The images used in this chapter relate to one another and state in the analogy the connection of realism that is depicted in social statues, landscapes, and portraiture, also present in the state of medium that was used to create this work of art.
The appropriation of images in art is a phenomenon new to the twentieth century. Found objects, contemporary images, and images from the past are all appropriated by artists and used in their work. Three twentieth century artists, Marcel Duchamp, Andy Warhol and Robert Rauschenburg are all very influential and appropriators. Although these artists appropriated many different images for many different reasons, there is one image that they all have in common, the Mona Lisa. Each of these artists appropriated and used this image in different ways.
What do you consider art? Paintings, sculptures, drawings, or maybe something else. I know, when I think of art, I think of photography. Photography Is used for business, science, manufacturing, art, recreational purposes, mass communication, and more. Photography is using light to do amazing things, and some people think of photography as a story that just needs to be told. Ansel Adams probably believed this. He said, “You don’t take a photograph, you make it.” Photography has a long interesting history, like the fact that the word photography is made up of two greek words, photos meaning ‘light’ and graphein which is ‘to draw’ ! Photography also has some complicated techniques to get a hang of taking good photos. Have you heard of the rule of thirds? Or do you know how a camera works? Well, that will all be explained. Maybe, by the end you will take up photography too. This essay will explore the history and types of cameras and the basic rules for taking photographs.