Michael O'Keefe wrote:
It's no easier to faithfully [copy] a photograph (i.e. to the degree that the copy has any practical economic value and is not seen as an obvious fake) than it is a painting or a sculpture.


It doesn't matter, even if it's an obvious fake. There are plenty of posters around of great paintings and photographs. That's where the work-for-pay is different for "paper" based art, rather than woodwork or sculpting. The paper based art is easily reproduced, and the artist can't "as easily" make money compared to a carpenter or a sculptor


If a copy of an art object is an obvious fake, then it has no intrinsic value. And unless it is being passed off as having been created by the original artist (that's called forgery), it existence takes no income away from that artist. Those posters are not being sold as copies of the original, and no one confuses them as such.


You and I have a different definition of "copy" then.

We certainly do. Maybe that's because I come from a pre-digital generation. Where a publisher might print multiple copies of a book (which would be all essentially identical), but a painter did not paint multiple copies of a painting (which though might look similar, would still all be unique).


I don't particularly care if a "copy" of a book came from a photocopy machine or an (authorized) publisher.

My objections were to the original, *specific* case of Ansel Adams. Ansel Adams did not publish books, or paint paintings. Why do you insist on generalizing from a specific case?


It's still a copy. I cannot legally wholesale copy a book, painting,

My original point had nothing to do with copying. I objected to the hypothesis that Ansel Adams was dependent on copyright for his income. He was not.

I further pointed out that even if that were so, it would have been nearly (and since he's now dead, is almost certainly) impossible for someone to produce a photograph from an Adams negative and pass it off as an original print made my Ansel Adams[1].


photograph (if I have the negatives since you are so hell bent on making the point about photography based on silver halide)...

Because, if you had been paying attention, that was the *specific case* presented by Gus. Ansel Adams only shot black and white film. He only made black and white prints. B&W film uses silver halide as the light sensitive medium. Geez, don't computer geeks know that there was a world of technology that predated the computer!


...without the copyright owners permission (unless it has passed into the public domain, in which case we already have permission to copy it - ala people making sketches at museums)

And you're the one who didn't want to start another discussion on copyright law! ???


Because there exists a poster of a great painting or photograph says absolutely nothing about what, if any, financial arrangements may have been made by or on the behalf of the original artist.

Unless it's an illegal reproduction, an arrangement of some form must have been made. Even if no money changed hands, it's still an arrangment (where $=0)

No arrangements need be made if the work is already in the public domain. But again, you are trying to devolve my original point into a general case about copyrights, which it was (is) not.


That the artists of those times made little more than a pitiful living (usually less) had nothing to do with the absence of copyright law

I would argue that it did.

Then I would argue that you bone up on your art history.


If they had protections to control their works then maybe they might have been paid more ?

It wasn't control they lacked, but money. They needed time for their art and they needed money to pay for their materials and the basic necessities of life - just like everyone else. Art was not widely appreciated by the masses to the degree it is today, but it was by those who were better educated: the rich. That made the rich the natural benefactors for the creation of that art, the appreciation of which made them better (in their eyes) than the uneducated masses.

It was a symbiotic relationship between the artist and the nobleman that had nothing to do with copying (which was virtually impossible on any large scale in those times in any case), let alone copyright (which is a late Euro-American mechanism anyway).


It also prolly has a lot to do with "art" being the playground of the rich, and they're the only ones who pay for it. Whereas the "common man" wants to drink beer and watch TV.

First the word "probably" generally does not belong in a discussion of history. It implies that you are at best making an educated guess, or at worst just making stuff up.

Second, art is everyone's playground. Whoever came up with the truism above didn't know anything about art. Art is the physical manifestation of innate creativity. No one is privileged in that respect. As it turns out and for whatever reason, the rich don't generally spend much time creating art themselves, but they have historically subsidized those who do. Artists don't generally become wealthy, but will practice their art under any conditions. I think it's a contrast in priorities. Again, the economics of art has nothing to do with copyright laws.

Third, you are mixing eras. The common man during the classical age of art might have been drinking something like beer, but he certainly wasn't watching TV. But you're right about the average person not being very appreciative of art, although modern man is much more so for several reasons. The average man is more broadly educated, art is now both more prolific and more accessible, and also it's better preserved.


It would be helpful if you would provide evidence, or at least an example methodology supporting your belief that a carpenter or sculptor can make more money than someone creating "paper based art" (and please define paper based art)
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An old family friend makes guitars (out of wood !)
Another made surfboards (out of fibreglass). Both are artistic (YMMV) and neither are easily reproduced.

I'm afraid that while you have presented some facts, you haven't used them in any way which answers either question above. How do you define "easily"? Have you ever made either guitars, surfboards, or photographs? That their creation all seem mysteriously difficult to you is no measure as to how easily they may be copied (that is, that a copy can be made by a third party so as to be indistinguishable from one made by the artist).


My brother is a script-writer and film-maker. Both of his products are *easily* reproduced.

A better example. However, you make the fatal error of one not familiar with the process of art: failing to distinguish the art from the medium.

While the printed manuscript of a screenplay or a copy of a film print is easy enough to make, your brother's art (the content of of the script or the film) cannot be so easily be passed off as someone else's work.

We live in an interesting time for certain artists. While the physical manifestations of some art (film, CD's), still those who do such copying are still dependent on the artists' creativity. That can't be copied. And while your brother's film might be copied, it's still his film, and he has not lost the original - only control over how others may use the copies.

But then that's the way art has always worked. All artists borrow from others' work. Nothing is created in a vacuum. Nothing is entirely original. Everyone is both influenced, and influencer.


"paper based art" is a term I am coining (copyrighting !!) to reflect art that is usually represented on paper-like-substances. ie. My brothers films are shown on a screen, made of a paper like substance.

And if grandma had wheels, she'd be a wagon.

The screen is no more a paper like substance than plastic is a glass like substance. Film is not like paper. Film is like film. The photograph is not the paper; it need not even be on paper. In fact, photographs were originally made on metal. Paper is like paper. Again, you confuse the art with the medium.

I hate to break it to you all, but art is just as technically complex as computers. Simplifications rarely work in discussions in either field.

And since I foolishly feel compelled to allow my original point to be forced into the copyright hole, I'll end by agreeing with whoever else it was on this list who said that copyright is a failed experiment and ought to be eliminated.


[1] There are a few people, trained by Adams who might, or do make prints from Adams' negatives, but these prints are *not* distributed as prints by Ansel Adams. In the world of photographic art, the distinction between a print made by Adams himself, and one made by an assistant after his death is not lost.

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      ~DJA.


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