Tuesday, February 05, Photographs and Derivative Works The concept of what constitutes a derivative work seems to elude far too many courts, particularly in the photography context. Rather than dismiss this shockingly wrong conclusion on the basis of the plain words of the statute, the court of appeals went off on an irrelevant inquiry:
At an early meeting of the Photographic Society of Londonestablished inone of the members complained that the new technique was "too literal to compete with works of art" because it was unable to "elevate the imagination".
This conception of photography as a mechanical recording medium never fully died away. Even by the s and 70s, art photography — the idea that photographs could capture more than just surface appearances — was, in the words of the photographer Jeff Walla "photo ghetto" of niche galleries, aficionados and publications.
But over the past few decades the question has been heard with ever decreasing frequency. As if to give its own patrician signal of approval, the National Gallery is now holding its first major exhibition of photography, Seduced by Art: Photography Past and Present.
The show is not a survey but rather examines how photography's earliest practitioners looked to paintings when they were first exploring their technology's potential, and how their modern descendants are looking both to those photographic old masters and in turn to the old master paintings.
What paintings offered was a catalogue of transferable subjects, from portraits to nudes, still lifes to landscapes, that photographers could mimic and adapt. Because of the lengthy exposures necessary for early cameras, moving subjects were impossible to capture. The earliest known photograph of a person was taken inadvertently by Louis Daguerre — with Henry Fox Talbot one of photography's two great pioneers — when he set up his camera high above the Boulevard de Temple in Paris in His minute exposure time meant that passing traffic and pedestrians moved too fast to register on the plate, but a boulevardier stood still long enough for both him and the bootblack who buffed his shoes to be captured for ever.
When Daguerre turned his camera on people rather than places the results were revelatory. Elizabeth Barrett Browning was so struck by Daguerreotypes that she rhapsodised over "the very shadow of the person lying there fixed forever".
The fidelity of features captured meant that she "would rather have such a memorial of one I dearly loved, than the noblest Artist's work ever produced" not "in respect or disrespect of Art, but for Love's sake". My Grandchild by Julia Margaret Cameron.
Julia Margaret Cameron made this explicit in her re-envisagings of renaissance pictures. Her Light and Love offor example, shows a woman in a Marian headcovering bending over her infant who is sleeping on a bed of straw.
It is part of a line of nativity scenes that is as long as Christian art, and was hailed by one critic as the photographic equivalent of "the method of drawing employed by the great Italian masters".
I Wait, shows a child with angel's wings resting its chin on folded arms and wearing the bored expression that brings to mind the underwhelmed cherubs in Raphael's Sistine Madonna. Such photographs were not direct quotations from paintings, but they raised in the viewer's mind a string of associations that gave photography a historical hinterland.
If Cameron and contemporaries such as Oscar Rejlander and Roger Fenton who took numerous photographs of still-life compositions of fruit and flowers as well as his better known pictures of the Crimean war were keen that their photographs should reflect their own knowledge of art, the links went both ways.
InLeonida Caldesi published a book of her photographs of paintings in the National Gallery, and her intended audience was not just the public but artists themselves, for whom the photographs were both more accurate and more affordable than engraved reproductions.
Bythanks to Fenton's photographs, artists could study classical statues in their own studios. Courtesy of McKee Gallery, New York It was perhaps in depicting the nude — such as Fenton's bestselling photograph of the discus thrower Discobolus — that photography could repay its debt to art.
Hiring a life model was expensive, and engravings were a poor substitute. Delacroix was one artist who "experienced a feeling of revulsion, almost disgust, for their incorrectness, their mannerisms, and their lack of naturalness".
And in 19th-century Britain and France, when pornography was illegal, photographs of the nude were in demand from customers who had no artistic interests.
When it came to landscape photography the new medium appeared just as the impressionists were beginning to work in the open air. Some commentators saw photography's real challenge to painting as lying in its ability to capture what the photographer and journalist William Stillman called in "the affidavits of nature to the facts on which art is based" — the random "natural combinations of scenery, exquisite gradation, and effects of sun and shade".
Another practitioner, Lyndon Smithwent further, declaring landscape photography the answer to the "effete and exploded 'High Art', and 'Classic' systems of Sir Joshua Reynolds " and "the cold, heartless, infidel works of pagan Greece and Rome".
Being new was a laborious business, however. Eadweard Muybridgethe British-born photographer who first captured animals in motion and as a result ended the old painterly convention of showing horses running with all four legs off the ground, was primarily a landscape photographer.
His pictures of the Yosemite wildernessfor example, involved carrying weighty cameras, boxes of glass negatives, as well as tents and chemicals for a makeshift darkroom, up mountains and through forests.
Monet's painting expeditions by contrast required only paint and canvas. Richard Billingham's Hedgerow New Forest Courtesy of the Anthony Reynolds Gallery, London If early photographers had no option but to negotiate their own engagement with painting their modern descendants can call on nearly two centuries of photographic history.
It is a point the exhibition makes by combining old and new. A brittle portrait of a suburban couple from Martin Parr's album Signs of the Timesfor example, is contrasted with Gainsborough's Mr and Mrs Andrews of Confession: I have never photographed a real ghost.
So this tutorial is not going to help you stake out a haunted house or a cemetery, or advise you on which expensive piece of equipment you'll need to buy in order to detect subtle changes in the inter-dimensional paranormal space-time continuum other-side.
Even by the s and 70s, art photography – the idea that photographs could capture more than just surface appearances – was, in the words of the photographer Jeff Wall, a "photo ghetto" of.
I have looked at my home my city I was born in as a man leaving Pittsburgh to find himself and riches. I found one but the other eludes me like trying to catch air in your hand.
The Photograph (Oxford History of Art) [Graham Clarke] on regardbouddhiste.com *FREE* shipping on qualifying offers. How do we read a photograph? In this rich and fascinating work, Graham Clarke gives a clear and incisive account of the photograph.
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