Sunday, September 20, 2009

Appropriation, Fair Use and Barbara Kruger


"You are not yourself" Barbara Kruger (1982)

Barbara Kruger is an artist who uses appropriation freely throughout her body of work. All of the materials in the piece presented were taken from some other source not originally of her own creating. Though she did not create any of the materials originally, the way that she brings the parts together, she does not break any laws by presenting the final piece as a work of her own creation. She is able to do so by adhering to the four factors of fair use.
  1. The Transformative Factor: The Purpose and Character of Your Use-- The materials that Kruger takes from are various editorial publications (newspapers, magazines) and the end product that is created is not of the same nature or functional use. By bringing together type from different sources along with imagery that are not originally together Kruger is able to create new context and meaning to be visually read
  2. The Nature of the Copyrighted Work.-- Since the original source materials are taken from objects that are published in mass media and are open and freely abundant in the public, it becomes nearly impossible to pinpoint any one editorial that Kruger takes from.
  3. The Amount and Substantiality of the Portion Taken.-- Kruger is definitely following the idea that less is more. The text that constructs her words and phrase are built from letters taken from different sources. Not only would it be hard to identify where she maybe taking a particular word from a particular editorial, but it becomes impossible to pick out a single letter from a single editorial. The image being used might be easier to track down but by displaying it in its new context it is not a direct plagiarism.
  4. The Effect of the Use Upon the Potential Market-- It is pretty unlikely that the piece will effect the profit or income of the original published materials as it does not compete with the publications and works for a different function.

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