On Copyrights, the Creative Experience and Graphic Designers

On Copyrights, the Creative Experience and Graphic Designers


Author: Lainie Liberti

There he is - the young art student - in the corner, sporting a
slouch, worn blue jeans and a faded ironic t-shirt, standing in
front of the canvases he submitted for this
month’s class show; large, blue, sci-fi
landscapes, which, from a distance, are beautiful. They look like
heavenly, undulating space-scapes of sky and stars.



But move five steps closer, and the illusion fades. He is in the
corner, yes, but the slouch is affected —
he’d be more comfortable standing straight. His
worn blue jeans? Brand new, but distressed. His ironic t-shirt?
That once most noble badge of indie creed? It’s
been on sale at the Urban Outfitters down the street for a month.
And the paintings – the paintings! Up-close,
they show themselves as crude copies of those prints featured in
the discounted Salvador Dali calendars sold at Barnes and Noble:
forced line, muddy colors, uninteresting ideas.



What’s offensive is not the young
student’s pose, for at least he is trying to do
something with his image. And the paintings, while bad, are not so
bad that his art school scholarship would be threatened. No,
what’s most worrisome is that he
doesn’t know he’s posing,
doesn’t know that the elements
he’s so carefully cultivated as
“his own,†are not.
He’s exuding
“originality†in the most culturally
acceptable way, possibly the only way he knows: he buys it.



Those shelves of products that our young hero peruses in his
off-time– all copyrighted, patented, or
otherwise “pre-approved†for
consumption - give him the feeling that he has freedom of choice,
while, in fact, his freedoms are limited. “Have a
problem? Use this face cream. Buy a car. Wear these blue
jeans.â€



These are his only options. We should feel pity for him
– after all, he’s lived in
Pasadena his whole life, he doesn’t know. This
is what he thinks is edgy. Because he has taste, he makes do with
what he has. But because he is young, he is a bit too proud. More
seasoned personalities whisper to each other: His shirt, the
off-white one? With the cartoon of a red-bearded lad, holding close
his seven bottles of bear, stating, “Irish
7-Course Meal?†Done. His blue jeans? 700 dollars,
faded in all the right places, do not connote the roughshod life.
Oh no, they scream, “Mom buys my
clothes!†And the Art. Oh God, the Art.



What can save our young hero, apart from extended sit-down sessions
with Roland Barthes or concentrated perusals of Frederick Jamison
(both of which are, for the most part, impossible to comprehend at
such an age)? What can pull away the cowl of ignorance, freeing the
young artist from that most hated of appropriations
– derivative? Ready? Here comes the answer
– and it’s not drugs,
religious experiences, or world travel. The answer is that he must
study and learn the copyright laws of United States.



And in order to learn the copyright laws of the United States, he
must first know what a copyright is. Here are the simple
definitions, according to onelook.com:



# noun: a document granting exclusive right to publish and sell
literary or musical or artistic work

# verb: secure a copyright on a written work



Why is a knowledge of the legal precedence of copyright important
to a young artist? Because in order to create, a good artist should
know as much as possible about his tools. This means not just the
origins of his fine bristle brush, or the interesting history of
the chemistry of his pigments, but to examine the social and
political tools that will allow him to function as an artist in the
United States in 2007.



Thus, while copyright law is not as glamourous as brushes or paint,
it is nonetheless as important. For within copyright law lies the
secret of what to do after. And what do
American’s do after they’re
done? They sell. They horde. And, in turn, they covet, they hide...
While squirreling away money is a good idea, hiding creative output
is not. Keeping the creative hidden leads to problems such as our
hero’s - too much confidence in too much little.
Our hero’s problems stem from this ignorance -
for, despite his fancy education, he is creatively ignorant - too
many things have been kept from his eyes.



But wait! you say. Surely it is his responsibility to educate
himself! There are libraries, public exhibitions, and teachers.



Of course, these are necessary elements in any
person’s education. But our hero cannot
personally own a library book, an outdoor concerts, or the mind of
a great teacher, and the relative unavailability of ownership of
fine works of art encourages a lazy attitude towards authenticity.
Within copyright law, too, lies a history of the role of the Artist
within American Society, a role our hero has wanted to play,
desperately, for many years. Is it not also his responsibility to
know his legal rights? Sadly, our hero does not know about the
Berne Convention, held in Switzerland, in 1886. Led by that most
diligent, most empathetic of writers, Victor Hugo. He does not know
of Hugo’s obsession with la droit
d’auteur. He does not know most of his European
and Asian contemporaries not only consider intellectual property
more important than money, but that the status of the artist is
more socially powerful than that of entrepreneur. He does not know
that Europe and Asia have historically made political concessions
to facilitate their artists’ creativity. Or that
the United States didn’t join the Berne
Convention until nearly one hundred years after its inception
– on March 1, 1989.



Here is something else he doesn’t know:
copyright laws in the United States, had, until 1989, been focused
on keeping intellectual property private in order to facilitate
economic growth. In other words, in the US, copyright law has
historically been a monetary issue, not a creative
one…Thus the shelves of products posing as
freedom as choice.



And here is something else: thanks to the acceptance of the Berne
Convention, which decrees that work belongs to its creator as soon
as it’s created, without having to fill out
government forms, the tide is turning.



And finally, another fact: the most notable example of progressive
copyright translation in the United States is the group called
Creative Commons. Creative Commons gives artists the information
and encouragement needed to not squirrel their work away, in fear
that someone might steal their ideas, but rather, to share and
remix their work with the work of others.



And now, for a theoretical leap: This is a necessary step on the
incline from being derivative to being truly POSTMODERN. (Ugh, but
why postmodern? Isn’t that old hat? AU
CONTRAIRE).



The hallmark of postmodernism is the desire to combine. And we are
at a point in cultural history where the only thing left to do is
combine. Not that there’s anything wrong with
that. Marcel Proust, that most beloved of all neurotic writers,
stated as a child that he did could not name a single color as his
favorite, but rather, he found the most pleasure in their
combinations. And all postmodern art is a hybrid
– a little of this, a little of that
– which in turn encourages the creation of the
global ego – an ego much less offensive than the
ego present in our young hero at the start of this article.



Some say the start of the Enlightenment was thanks to the creation
of factory-produced mirrors, which allowed even the most plebeian
life form to see themselves as individuals. But today, we
don’t look to the mirror for accurate
reflections. Instead, we gaze into the computer monitor. Our
thoughts, words, and images, regardless of original source, create
a collective brain, one that can be harnessed most powerfully
through an artist’s understanding of copyright.
And even science is beginning to consider human beings in a similar
way - the millions of individuals that populate the Earth are
really a single, throbbing organism, a human membrane, if you will,
that covers our planet, hovering, blue and bulbous, like a helium
balloon bobbing about in the milky way.



Which takes us back to our hero’s work.
Remember? Those great blue swathes of sky and stars that looked so
good from a distance? Does he know about Turner? And if he did,
would not his unpleasant ego dissolve, leaving him
– his ideas and his work –
behind to do the talking. And would not his art - our art - be
improved?

Article Source:
http://www.articlesbase.com/copywriting-articles/on-copyrights-the-creative-experience-and-graphic-designers-161649.html

About the Author:
Jessica Thomas, writer for jungle [8]
http://www.jungle8.com
http://blog.jungle8.com
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