Derivative or Theft?
Friday 05th June 2015
The art world can be a tricky place to navigate sometimes, especially in the digital era. Thanks to landmark copyright cases about song rights and the legality of remixes, the nature of the legality of other forms of derivative artwork is often called into question - sometimes more legitimately than others. You may have heard the name Richard Prince in the news lately, or perhaps much longer ago. He's made a name for himself by appropriating the artwork of others and reselling it as his own, with the legal-grey-area claim that he has modified it and it's a derivative work of art. He's recently struck again, but this latest bout of appropriation is taking place in the age of the social media outcry, and things may not go as smoothly for Prince as they have in the past.
Hopefully, as public awareness of Prince's quote-unquote artwork grows, he will be forced to come to terms with the work of the photographers he resold. Imagine how the music industry would react if people took legally purchased songs, increased the volume slightly, and resold them as their own work? The outcry would be immediate and those responsible would be so inundated with lawsuits they'd never see the light of day again.
