Bronwyn Hunter-Shortly on August 9, 2023
Art has evolved over centuries, and in that time, artists have continually influenced one another. However, there's a difference between being inspired by a predecessor's work and copying it. Let's dive into the differences between direct copying and appropriation, versus simply being a fan and taking inspiration from another artist’s style.
Copy-Cats and Legal Fights:
Richard Prince and Patrick Cariou: In the early 2000s, contemporary artist Richard Prince took photographs by Patrick Cariou from a book Cariou published and made various alterations, incorporating them into a series titled "Canal Zone." Cariou sued Prince for copyright infringement. Initially, the court ruled in favor of Cariou, but on appeal, many of the works were found to be "transformative" and therefore protected by fair use. The verdict was controversial. Critics debated whether Prince's alterations were transformative enough or merely a direct appropriation (or copying) of Cariou's work.
Our take: This case highlighted the blurred lines in contemporary art between appropriation (which can be seen as copying) and transformation. It also underscores the legal complexities in defining what constitutes original art in the modern era.
Shepard Fairey and the Associated Press (AP): Shepard Fairey's "Hope" poster of Barack Obama, created during the 2008 presidential campaign, instantly became iconic. However, controversy arose when the Associated Press pointed out that Fairey had used one of their photographs as the basis for his work without permission. Fairey initially claimed he used a different photo, but this was later debunked. Eventually, Fairey and AP settled out of court, but the case drew attention to the fine line between appropriation and direct copying in contemporary art.
Our take: The dispute sparked a widespread debate on copyright laws in the context of contemporary art and the balance between artistic freedom and intellectual property rights.
The Art of Influence:
Yayoi Kusama and Takashi Murakami: Yayoi Kusama, known for her iconic polka dot motifs and infinity rooms, has had a profound impact on several contemporary artists, including Takashi Murakami. While Murakami's "Superflat" style is distinctively his own, elements of Kusama's exploration of obsession, repetition, and patterns can be seen in his works. Murakami hasn't copied Kusama but has certainly been influenced by the motifs and themes she explored in her earlier works.
Our take: This type of influence allows an artist to glean inspiration from others' ideas but still imbue the work with their own style, voice, and perspective. It results in a diverse and rich tapestry of works that, while connected by a shared thread of influence, remain distinct in their expression.
Banksy and Blek le Rat: The world-famous street artist Banksy, known for his satirical and subversive art, has been influenced by the earlier works of Blek le Rat, a pioneering French graffiti artist. Blek le Rat began creating his signature rats on the streets of Paris in the 1980s, laying the groundwork for what would later be known as urban art. Banksy has acknowledged Blek's influence, and while both artists utilize the medium of street art to convey powerful messages, their styles and themes are distinctive.
Our take: Banksy's recognition of Blek le Rat's influence underscores the respect and acknowledgment that artists often have for those who paved the way. Instead of replicating, Banksy incorporated the inspiration into his own unique approach, resulting in a different artistic expression.
The Takeaway:
These examples illustrate the ongoing debate in contemporary art between copying and being influenced. While copying can lead to legal challenges and ethical questions, drawing influence allows artists to build upon past ideas, evolving the medium in new and exciting directions.
About Bronwyn Hunter-Shortly, VP of Art at Peggy: Bronwyn has a keen eye for the contemporary art market. She previously worked for Christie’s Auction House, Kasmin Gallery, art advisory at Winston Art Group, and several private and corporate collections. In addition to leading Peggy's art offerings, she also owns an art consulting firm, where she helps collectors develop a love for contemporary art.
