See Art, Steal Art?

ATTORNEYSCOTT COMMENTARY:

Below we have a situation where a painter appears to have appropriated the work of a photographer to create his “own” version of the photographed content. For photographs, the angle, the composition, the lighting, and the other creative elements captured on film are subject to protection. Has the painter taken these things from the photographer?

And remember, folks, you cannot take the creative expression of a work by transferring it to another medium.

- Scott A. Burroughs, Esq. ( scott@copyrightLA.com )

***

Dear YTWWN:

Quoted from the artist “STUNTKID’S”  FB page

“Walking around Art Basel, this weekend I came across a few pieces in the Scope show that looked pretty familiar. There was a sampling of 3 pieces presented by the Robert Fontaine Gallery all by the same artist. I recognized my photography in two of them and the third was a copy of my good friend Marie Killen’s photo. When i got home a quick google search reveled that nearly his entire body of work was comprised of other peoples photography. No credits were given, though that wouldn’t have put the artist in the clear. Josafat Miranda hadn’t bothered to change the composition or content in any appreciable way, even though that too would not have put him in the clear.

For me, photography was a hobby, something i did for fun. But it was art. These weren’t candids, they were carefully composed, edited photos. The model traveled, did her makeup and helped style the shoot. Put simply, it was a collaborative artistic endeavor by me and the model Tracy P

Marie Killen is a wildly talented photographer living in North Carolina. Photography is her passion and craft and she does it extremely well. In my opinion she’s one of the best photographers in her genre. Her shoots require far more work and planning than mine ever did. She’s developed, through hard work and practice, a recognizable style.

What Josafat Miranda has done here reveals a total disrespect for photography as an art form. He’s quickly and with very little creative altercation, harvesting the yield of someone else’s hard work. What makes a painting strong, isn’t just the brush strokes and the rendering method, more, much more, than that is the composition, the subject matter and the hundreds of creative decisions that go into making an original piece of art.”

Josafat Miranda
https://www.facebook.com/pages/Josafat-Miranda-Studio/152757964766167

Marie Killen:
https://www.facebook.com/pages/Marie-Killen-Photography/107005579349771

Is this plagiarism? you be the judge! the discussion started here

http://www.facebook.com/photo.php?fbid=10152349056570232

 

Posted by chihang  |  12 Comments  |  in Fine Art

12 Comments

  1. Rocco Sacco 06/08/2014 12:28 pm

    Wondered when someone would bring up Lichtenstein…a plagiarist from “go.” Not only did RL not change the palette or composition of the originals he stole, he didn’t even change the captions or the thought balloons. His usual method was to transfer a stolen image to a clear acetate, toss it on an overhead projector, and throw the magnified image onto his blank canvas. Now, that’s gall. He wasn’t even copying; he was tracing.
    If you want to reference a known thief and forger, how about Clifford Irving? He, at least, had both talent and style.

  2. Yves Messer 01/05/2014 9:44 pm

    Scott A. Burroughs: “you cannot take the creative expression of a work by transferring it to another medium” Sorry Scott but its a normal practice among artists be them painters, musicians etc. It s a historical fact. Famously a Roy Lichentstein already appropriated someone else’s work – it s even worse in his case cos there is NO creative addition!
    http://graphicnovel.umwblogs.org/2013/03/15/the-originality-of-roy-lichtensteins-comic-panel-art/

  3. Robz 01/05/2014 7:17 pm

    He’s moved his facebook page to here: https://www.facebook.com/mirandastudioart

  4. test 09/18/2013 6:46 am

    test

  5. xBenji65 03/25/2013 10:10 pm

    yeah, why hasn’t this page been updated?

  6. SVG 03/22/2013 1:56 pm

    FOR THE LOVE OF GOD WON’T SOMEBODY PLEASE UPDATE THIS PAGE??!!!!!!!!!!!

  7. MISTER EMILO 02/22/2013 8:38 pm

    A MOCKERY HAS BEEN COMMITTED A GREAT BIG DEAL OF SHAME FOR THAT THEIF INDEED.OHWELL NOTHING IS GOING TO CHANGE UNLESS HE IS CONFRONTED ABOUT IT IN PERSON.

  8. slap 02/12/2013 10:12 am

    what a theiving scumbag. the photos are better too. prick

  9. Pingback: Art of the Scam | Elizabeth Virginia Levesque

  10. Pingback: Josafat Miranda, art thief.

  11. Andrea 12/18/2012 2:55 am

    Appalling appropriation/thievery ! Polka dots and a slightly changed palette do not excuse this.

  12. Henk 12/14/2012 7:37 am

    makes me want to vomit. once again…
    no respect for the photographers. as G.Cazillo says “I don’t take pictures – I create photographs.” – did he copyright that slogan? ;)

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