



{"id":9255,"date":"2018-02-04T01:58:38","date_gmt":"2018-02-04T01:58:38","guid":{"rendered":"https:\/\/media.am\/just-one-call-to-the-photographer\/"},"modified":"2018-02-04T01:58:38","modified_gmt":"2018-02-04T01:58:38","slug":"just-one-call-to-the-photographer","status":"publish","type":"post","link":"https:\/\/media.am\/en\/critique\/2018\/02\/04\/9255\/","title":{"rendered":"Just One Call to the Photographer"},"content":{"rendered":"<p>This article is not about art, but about how contemporary artists \u201cdownload\u201d their inspiration from photographs.<\/p>\n<p>Glittering among the flow of illustrations was a young artist\u2019s work, for the creation of which he had used Photolure agency photojournalist Vahram Baghdasaryan\u2019s famous photograph.<\/p>\n<p>I remembered that two years ago another artist had used my photo in his creative work. Since the issue affected me, I decided not to write about it. Now this phenomenon has gained momentum en masse, and the desire to discuss the issue arose.<\/p>\n<p><img decoding=\"async\" alt=\"\" src=\"https:\/\/farm5.staticflickr.com\/4698\/25167625867_73e7ac59e8_z.jpg\" style=\"width:100%\" \/><\/p>\n<p>When an Armenian creator is inspired by an Armenian photographer\u2019s work, it\u2019s unlikely that the latter will be filled with affection for the former and experience a gentle sense of pride. Usually, this affection lasts up until the moment the work is exhibited in a gallery \u2014&nbsp;and is for sale.<\/p>\n<p>As soon as the artist\u2019s work is sold, the photographer and the artist have some issues to discuss. I, for example, left a question mark under the artist\u2019s illustrations on Facebook. The answer was a smiley face (\u263a)\u0589<\/p>\n<p>I didn\u2019t wait till the work was exhibited or sold. Without any explanation, the smiley face reply told me that we will never understand each other, and launching a lawsuit against a local artist, in my opinion, is an unnecessary waste of time and money. The money I lost would serve as advertising for that artist in court. That\u2019s all.<\/p>\n<p>If we even imagine that the matter makes it to court, in that case we would be putting the responsibility of the art critic on the judge\u2019s shoulders. Knowing our judicial sector, I wouldn\u2019t want to be in such a situation.<\/p>\n<p>In the best case scenario, the disputed work upon a judge\u2019s decision would be sent to an expert committee. Guess who would\u2019ve been on that committee.<\/p>\n<p>I assure you, you\u2019ll find no photo expert \u2014 only contemporary art \u201cexperts.\u201d And whose interests would they protect? It\u2019s obvious, isn\u2019t it?<\/p>\n<p>There\u2019s no body in Armenia where photography experts work. It\u2019s simply not possible to dig them up from anywhere.<\/p>\n<p>A few years ago, an artist had created an entire series of portraits (about 20 pieces) based on photos from the internet. Naturally, he had downloaded the photos with the help of Google.<\/p>\n<p>Everything was going smoothly as long as the works were being shown in Armenia. When the exhibit was getting ready to be shown in Europe, the artist decided to insure himself and wrote a letter to an unknown photographer in a distant country \u2014 with the request to use his photos.<\/p>\n<p>The answer was definite: \u201cDo what you want in your Armenia, but if you exhibit these works in a lawful country, I\u2019ll sue you.\u201d<\/p>\n<p>What a pity. If he had written the letter earlier \u2014 with a proposal to become a co-author of the project (the project, not the images) \u2014 most likely the artist would get a positive response.<\/p>\n<p>Court trials between photographers and artists have been held around the world.<\/p>\n<p>Artist <a href=\"https:\/\/www.nytimes.com\/2017\/07\/20\/arts\/design\/richard-prince-instagram-copyright-lawsuit.html\">Richard Prince<\/a> holds the record in this area: five separate photographers have filed lawsuits against him. But it\u2019s hard for a photographer to sue an artist who is backed by an art dealer like Larry Gagosian.<\/p>\n<p><img decoding=\"async\" alt=\"\" src=\"https:\/\/farm5.staticflickr.com\/4761\/40006506522_ca9d56b95f_z.jpg\" style=\"width:100%\" \/><\/p>\n<p>In issuing a judgment, the trials rely on the views of critics and contemporary art scholars. And their view, put succinctly, is this: if the artist urinates on your photo, then he can boldly present it as his own work and sell it in a gallery as an example of contemporary art.<\/p>\n<p>Nothing interferes with Prince downloading from Instagram portraits of women, blowing them up with a printer, and selling them at the Gagosian Gallery \u2014 for $90,000 each\u2026<\/p>\n<p>Visitors spit, while Instagram users become furious\u2026 But joy to Gagosian and Prince \u2014 the works get sold.<\/p>\n<p>But Jeff Koons wasn\u2019t as lucky. It wasn\u2019t the first time <a href=\"https:\/\/www.theguardian.com\/artanddesign\/2017\/mar\/09\/jeff-koons-plagiarised-french-photographer-for-naked-sculpture\">he was forced to provide compensation for using others\u2019 photos in his art works<\/a>. Probably the French courts know more about art and are more conservative toward contemporary art.<\/p>\n<p>And so, a French court accused Koons of plagiarism. The two children in his 1988 sculpture Naked are extremely similar to photographer Jean-Fran\u00e7ois Bauret\u2019s 1975 photograph Enfants.<\/p>\n<p>The court ruled from the Pompidou Centre where the sculpture was to have been exhibited and ordered the artist to pay \u20ac40,000 (about US$49,850) in compensation, which the photographer\u2019s widow, Claude Bauret-Allard, was to receive. The Jeff Koons LLC was likewise obliged to pay \u20ac4,000 for uploading a photo of the sculpture on its website.<\/p>\n<p><a href=\"https:\/\/www.owe.com\/resources\/legalities\/30-jeff-koons-copyright-infringement\/\">Jeff Koons\u2019 String of Puppies was likewise deemed theft<\/a>. This sculpture was created on the \u201cmotives\u201d of Art Rogers\u2019 photograph. The photographer not only won the lawsuit and received financial compensation, but also became the owner of one of the four existing sculptures.<\/p>\n<p dir=\"ltr\"><img decoding=\"async\" alt=\"\" src=\"https:\/\/farm5.staticflickr.com\/4700\/26166027838_55daaebb79_z.jpg\" style=\"width:100%\" \/><\/p>\n<p>What conclusion can we draw from the above?<\/p>\n<p>I can only offer a way out, which is in line only with the Armenian reality. So as not to waste money and effort in the courts, it\u2019s enough to call the photographer. Go for coffee, have a conversation. The photographer and artist can always get along.<\/p>\n<p>I don\u2019t think that after the meeting, the artist some way or another won\u2019t express his gratitude to the photographer \u2014 after a successful sale. A bottle of brandy or a painting\u2026<\/p>\n<p>It\u2019s a big world: you never know \u2014 maybe also a monetary reward.<\/p>\n<p class=\"rteright\"><strong>German Avagyan<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>This article is not about art, but about how contemporary artists \u201cdownload\u201d their inspiration from photographs. Glittering among the flow of illustrations was a young artist\u2019s work, for the creation of which he had used Photolure agency photojournalist Vahram Baghdasaryan\u2019s famous photograph. I remembered that two years ago another artist had used my photo in<a class=\"moretag\" href=\"https:\/\/media.am\/en\/critique\/2018\/02\/04\/9255\/\"> Read the full article&#8230;<\/a><\/p>\n","protected":false},"author":3,"featured_media":9253,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"ngg_post_thumbnail":0,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-9255","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-critique","author_posts-german-avagyan"],"acf":[],"_links":{"self":[{"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/posts\/9255","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/comments?post=9255"}],"version-history":[{"count":0,"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/posts\/9255\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/media\/9253"}],"wp:attachment":[{"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/media?parent=9255"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/categories?post=9255"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/media.am\/en\/wp-json\/wp\/v2\/tags?post=9255"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}