The Debate Over Unauthorized Use Of A Persons Art Work

In contemporary photography a major issue has been debate over unauthorized use of a person’s art work to create something new. Appropriation is the most frequently used word whenever a body of work comes into question. Exploring deeper into this phrase used to justifying stealing, may sound simple on the surface, but appropriation has been a hot topic for many legal battles that can favor either side. Photographers and other artist are constantly in and out of court, fighting that their works is being infringed, while others argue originality. What guideline is there to protect someone from their being considered stolen? Exploring the laws behind appropriation and plagiarism, as well some photographer that fought on both sides may give a better idea of on how one can protect them. The first step to understanding the controversy appropriation is to know the definition, The MOCA in Los Angeles states, â€Å"To appropriate is to borrow. Appropriation is the practice of creating a new work by taking a pre-existing image from another context—art history, advertising, the media—and combining that appropriated image with new ones. Or, a well-known artwork by someone else may be represented as the appropriator’s own. Such borrowings can be regarded as the two-dimensional equivalent of the found object. But instead of, say, incorporating that â€Å"found† image into a new collage, the postmodern appropriator redraws, repaints, or rephotographs it.† This definition in itself can leaveShow MoreRelatedCopyright Laws Of The United States1600 Words   |  7 Pagesoriginal works of authorship. â€Å"Copyright law in the United States is based on the Copyright Act of 1976, a federal statute that went into effect on January 1, 1978,† according to FindLaw. FindLaw also states that, â€Å"Individual states cannot enact their own laws to protect the same rights provided by the Copyright Act. Original multimedia works are protected by Copyright.† Literary, dramatic, musical, artistic and certain other creative works are protected by Copyright Law. â€Å"Literary works include novelsRead MorePrivacy Is An American Invasion Of Privacy3114 Words   |  13 Pagesprotected a person’s interest in dignity or â€Å"privacy,† but rather the pecuniary interest in the commercial exploitation of one’s identity, or one’s â€Å"right of publicity (Ernst, 2014).† The gist of right to privacy is that everyone has the right to control the information about him or her. The right to privacy is violated by: Intrusion upon seclusion, appropriation of one’s name or likeness, unreasonable publicity, and false light. Appropriation occurs when a defendant uses a plaintiff’s: (1) use of someone’sRead MorePrivacy Is An American Invasion Of Privacy3113 Words   |  13 Pagesprotected a person’s interest in dignity or â€Å"privacy,† but rather the pecuniary interest in the commercial exploitation of one’s identity, or one’s â€Å"right of publicity (Ernst, 2014).† The gist of right to privacy is that everyone has the right to control the information about him or her. The right to privacy is violated by: Intrusion upon seclusion, appropriation of one’s name or likeness, unreasonable publicity, and false light. Appropriation occurs when a defendant uses a plaintiff’s: (1) use of someone’sRead MoreUnited States V. Arizona14319 Words   |  58 PagesNeighborhoods Act (â€Å"S.B. 1070†) has been the subject of many debates for both its potential impact on federal immigration laws and discrimination against citizens and legal residents of Hispanic origin. The Arizona State Legislature passed S.B. 1070 to reduce the continuous rise in the number of illegal immigrants and alleged consequent rise in crime rates in the state. Among other provisions, the law requires officers to check a persons immigration status, criminalizes an alien’s failure to complyRead More Copyright in Cyberspace Essay4853 Words   |  20 Pagesthat intellectual property cannot be protected on the Internet because of perceived inherent characteristics of cyberspace. Some even believe this to be a good thing, that there should be no barriers that hinder the flow of information, no protection o ver an author’s publications. I argue the contrary. Cyberspace can and will become the subject of some sort of regulatory force. We are compelled to erase anarchy from the confines of cyberspace. We are impelled to protect the laws of copyright—theRead MoreWhats Stifling Creativity at Coolburst Essays4214 Words   |  17 Pagescreative-thinking skills, and motivation. Luisa must also provide a new focus and encourage commitment by adjusting her management style to incorporate the six categories of managerial practices that affect creativity: challenge, freedom, resources, work-group features, supervisory encouragement, and organizational support. Table of Contents Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 What’s Stifling CreativityRead More Intellectual Property on the Internet Essay3916 Words   |  16 Pagesnecessary elements for my site. I kept the design on the site for over six months, before taking it down and rebuilding. Almost a year after the graphic went up on my site, the person who designed it saw it on another site. After he showed me, he expressed his disappointment. He had put his time and hard work into this and someone else had just copied the image off my site and used it for themselves. The design was my friends work and his intellectual property. According to the United StatesRead MoreUse and Abuse of Media7426 Words   |  30 PagesAt the Intersection of Health, Health Care and Policy Cite this article as: W DeJong and J A Winsten The use of mass media in substance abuse prevention Health Affairs, 9, no.2 (1990):30-46 doi: 10.1377/hlthaff.9.2.30 The online version of this article, along with updated information and services, is available at: http://content.healthaffairs.org/content/9/2/30.citati on For Reprints, Links Permissions: http://healthaffairs.org/1340_reprint s.php E-mail Alerts : http://content.healthaffairsRead MoreEssay We Must Have a Right to Privacy3747 Words   |  15 Pagesinterests, life styles, and beliefs. A computer expert can take any persons Social Security number and find personal details abou this or her life and the history on the Internet (Everett-Green 158).    What is troubling about the issue of privacy, assaults on that privacy by the Information Superhighway, surveillance cameras, electronic tolls, and numerous other high-tech devices, is that there is little, if any, debate about whether such practic es are good for our society. Not many peopleRead More An Investigation of Software Piracy in China - Software Piracy Lacks Ethical Merit5031 Words   |  21 Pagesand 88% respectively). During the early days of personal computing, software piracy was a small problem primarily limited to individuals trading computer games for personal use. Today, software piracy is no longer solely the domain of teenagers looking to get games for free; even legitimate organizations routinely use pirated software. In the following sections, this discussion will meander from identifying the problem of software piracy, what exactly software piracy means, the obstacles of