COPYING? WHAT ABOUT THE RIGHTS OF THE ARTIST COPIED?

I received this question and felt it needed to be posted, as we cannot seem to get past the place where many think it is ok to copy another artist’s work. (I have removed names to protect privacy).

 Z.
Hello Mark, Z here. I responded to you some time ago, around the question and response about 'copying', and haven't been able to get the conundrum out of my mind. May I “rant?”
This question has been around a long time, and certainly does present a great topic for thought and discussion. My thoughts are that very little can be created without outside influences, most of us are not geniuses. So, I have always thought appropriation is perfectly legit, if it allows a path for growth. Copying, to learn something, again, OK. So that's basic stuff.
Now should I copy something and claim it to be original, then I think the only person I fool is myself. A long time ago a teacher said to me, “let them copy, either you will move on and it doesn't matter and they will learn something, so you have facilitated learning. Or they will surpass you, and that is perfectly ok too”.

Now, somewhere on this artists site, there is a person producing what I think are clearly derivatives of a successful artists work. Now, if I realize this many others will too. However, this gives the painter much pleasure and space to produce good work and express themselves. Excellent, and no harm done. If I enjoy the image, no harm done. That I think it is a derivative, a bit too close to call original just means I realize this nothing more. It doesn't take away from the actual image, though I may question the intent. If I purchase the painting, then find out more about The successful artist, then I have learned something. I may even purchase the work, because it is good and it is a Successful Artists work that I could not afford if signed by the Successful Artist.

So, if someone 'wins' from the creation of a work, is that not its purpose? So when I said the question was the problem I guess I meant something around the work is what it is, and from then on, it is mostly a subjective argument. In closing, for me I say let it be copied.
If the work is solid, it will be seen as solid, regardless of its heritage. If it is a 'poor' work, it is that, and will be seen for that. Thank you so much for your great work, and here, your kind indulgence.
kindest Z.

Mark E Shellshear

Hi Z, I do understand your point, so let’s relate it to the Successful Artist copied. If the buyer realizes that they are copies or derived from him and still purchase’s the painting that is their right. But from a market perspective, say the Gallery, the work is of little value and if it is bought to me to resell I would not handle it as it is clearly copied from the successful artists work.
To copy while in school and learning is fine, but once you are out in the market place you cannot do that.
What about the successful artists and his rights and the business he has built?
He is not considered here?
This person copies him and claims it as original work, that is not fair or right. The successful artist has rights and they are not discussed because he is successful and can afford it.
That is wrong, he worked long and hard to get to where he is, and doesn’t he have rights to?
Copies are copies and always will be just copies and fakes. Hope this helps a little?

Z.

sure Mark... good point... I had not considered the view from the successful artists chair.

 

Artists! We seem to come back to this issue so much I am not sure why? For me it is very clear, it is wrong to copy another artists work and then to pass it off as your own and sell it.

                                        
Our industry needs to stamp this out and not argue for the case that no harm was done.

The copied artist is never discussed as it is assumed that they are successful and rich and they can afford the loss of revenue. That also is wrong, these artists have worked long and hard to get to where they are. Many spent years struggling just like some of you before breaking into the big time, why is it then ok to copy their work and sell it?

It is never ok.

Even if the artist is dead it is still not right to copy them to sell, unless of course you acknowledge that it is a copy and give due credit on the painting to the original painter.

As an artist also, I do not understand why anyone would want to copy another artists work and say it is theirs? Surly that just reveals their character and personality and their inability to produce original work?
 As an art consultant, I have seen so many fakes passed off as original work, that sometimes I lose faith in my fellow artists.

Please friends let’s do original work. Work you can be proud of as yours, there can be no pride and sense of accomplishment by copying another, no matter how difficult the painting may be to paint?

I had a friend from centuries ago in art school, who copied a Titian, “Venus of Urbino” and hung it up on his wall. He was so proud of it, he had copied it perfectly. For me it was always a poor rendition of a masterpiece, just a copy.

I think that many Artists never consider that if they eventually make a name for themselves, these copied paintings will become an embarrassment. Imagine you first retrospective and all your paintings are gathered from all your collectors and it is discovered that one third were copied, it will bring every painting into question and your art practice will be under a cloud and rightly so.

Friends! Please do original work that comes totally from you, yes you will have influences but make it your own original work.
As I said before, a copy is a copy and always will be, it is a poor shadow of the talent that created the original and is a fake. It is stealing.

I do hope this has been positive input to the debate and that it has helped some. Please let me know your thoughts on this subject? 
I appreciate the emails and messages I receive. Thank you. And yes I sought permission from Z [not real initial] before I shared his message.

Love your paintings, love painting and love yourself.



Mark Shellshear.
Art consultant.