Appropriation: Is it a form of art? A lack of imagination? Or just plain theft?

Appropriation: Is it a form of art? A lack of imagination? Or just plain theft?


Is it a form of art? A lack of imagination? Or just plain theft?

According to the Cambridge dictionary, the word appropriation is described as: “When you take something for your own use, usually without permission”

““When you take something for your own use, usually without permission”

So with this definition in mind, it is natural to think of this topic as a ‘hot button” for many, but particularly for professional photographers, in the commercial as well as the fine art realms. As an active member of the American Society of Media Photographers for many years, I can attest to the fact that this singular topic is akin to opening the pen of domestic animals to a pack of wolves, with the resulting carnage and even occasional self-cannibalism in the process.

First, we must look at the established parameters for all creative materials. Are they copyrighted? Has the copyright term expired? Are they part of the public domain? These factors would initially establish the potential legal use of these materials, the conditions for the usage and the ultimate outcome of the subsequent work created from the materials. These questions are more of a legal approach to the topic, but nevertheless an important starting point. It is crucial to remember that the courts do not make judgments on the artistic merits of any works of art, but rather look at their specific status within the current copyright laws. Having said that, there is a current flurry of activity proposing changes to the copyright laws (not in favor of the creators), as well as a number of class action lawsuits against Google and Getty Images. So far, the courts have often ruled against the appropriator, much to the chagrin of the art elite who proclaims appropriation to be integral posit to post modernist art, freedom and all kinds of elitist dribble. Sadly, the copyright laws are being eroded and more often than not the courts are now swaying in favor of the appropriation culprits.

 Photograph by Mannie Garcia (AP) / Artwork by Shepard Fairey  Photograph by Mannie Garcia (AP) / Artwork by Shepard Fairey

Secondly, the vast proliferation of images in a globally connected world and social medias in all forms will invariably lead to the proliferation of appropriation, often under the incorrect assumption that if it is on the internet it is free to use and fair game. Google is the biggest culprit, gathering millions of images for the purpose of gathering data on the viewer and/or user of said images. Interestingly, Shepard Fairey found the image of Obama on Google. Should you care to check the terms and conditions for most social media platforms, you may be surprised at the dangers of putting your images on these media! Technology has changed the entire premise of copyright laws, eroding these in the process, yet the world moves forward and so we must evolve as fighting Google, Getty Images or the social media platforms is simply futile. The genie, or monster, is out of the bottle.

““Is the person or artist using these as a precursor and inspiration for their own output?”

Last, and perhaps more importantly in my personal opinion, is the intent of the person who appropriates the materials. Is the person or artist using these as a precursor and inspiration for their own output? Are they replicating or duplicating the materials for personal use or commercial gain from the public or private enterprises? Are they using them to produce a new generation of art, one that takes its roots from the originals but departs in a newer creative form? Are the materials used for academic purposes and following the established rules of that usage? So, at the root of this topic are the ethics within the intent of the person or persons who appropriate the art (in its many forms). Appropriation is not new, gaining momentum with the Cubist collages of Picasso and Braque, the readymade urinal presented by Marcel Duchamp in 1915, the 1950’s works of Jasper Johns and Robert Rauschenberg, Pop art and the emergence of post modernism with notable users of appropriation such as Jeff Koons and Sherry Levine. The polemics of what constitutes art cannot be presented in such a limited blog format, suffice to say that appropriation art is a complex topic that can be debated by the art elite in between ritzy gallery openings, museum gatherings and the columns of well read publications that do not address farming or livestock in any fashion.

Photograph by Art Rogers, 1980 / Sculpture by Jeff Koons, 1998 Photograph by Art Rogers, 1980 / Sculpture by Jeff Koons, 1998 Photograph by Walker Evans, 1936 / Re-photographed by Sherry Levine, 1981 Photograph by Walker Evans, 1936 / Re-photographed by Sherry Levine, 1981

Ultimately, and in response to the title of this blog, appropriation can be a form of art, a lack of imagination, or just simply theft. As any good lawyer would say: It depends. In this case I would affirm that it depends on the intentions and ethics of the appropriator, or some ubiquitous discussions on what constitutes art and its ownership.


The Use of Movement and Slow Shutter Speeds for Concept-based Intents

The Use of Movement and Slow Shutter Speeds for Concept-based Intents

The use of movement and slow shutter speeds for concept-based intents and visual experiential outcomes.

Photo Credit: Edgerton Harold Photo Credit: Edgerton Harold

The uniqueness of the medium of photography resides in its ability to capture the passage of time, either with a long exposure or just freezing a moment in time. High-speed photography allows us to observe the fast actions of the world, the hidden spatial movements of humans, animals, as well as the physical properties of actions and laws of physics.

Photo Credit: Richard Copeland Miller Photo Credit: Richard Copeland Miller

The reverse of high -speed photography, the capture of movement has also immense potentials for expressive outcomes, the study of the passage of time as a unique characteristic of the medium. Extrusive time, an academic term, refers to slow shutter speeds, long exposures and movements within the subject or scene, as well as with the camera as we will explore shortly. Although many artists have explored extrusive time, either due to the limitations of their historical process, one with low sensitivity such as the Daguerreotype or wet collodion, or even slow optics, others have used these inherent limitations to record the passage of time for an emotional and ephemeral outcome. One of my greatest influences resides with Richard Copeland Miller who photographed the country of Romania in his book entitled “Passage Europe” in a most somber and immensely emotional manner, using both extrusive time and camera shake to imbue the viewer with an extraordinary sense of sadness and nostalgia for a country left behind in the 20th Century. Sadly, he passed away at an early age, yet his work resonates the deepest within my soul. 

Photo Credit: Richard Copeland Miller Photo Credit: Richard Copeland Miller “Ephemeral” by Cathy Dutertre

Cathy Dutertre has made extensive use of extrusive time with several of her current projects, “Behind the Veil” and “Behind the Mask”. Using a tethered stationary camera, she will produce a performance (another academic term that designates a sub-genre of self-portraiture) together with various props in order to arrive at highly expressive images. The exposures are often in the 30 second to several minutes’ ranges, the tethering allows her to adjust her movements in order to arrive at a precise artistic outcome.

Photo by Cathy Dutertre, 2014 Photo by Cathy Dutertre, 2014 Photo by Cathy Dutertre, 2014 Photo by Cathy Dutertre, 2014

Another aspect of illustrating movement resides in the camera’s movement during capture, the act of altering and deconstructing the scene using a variety of techniques including ND filters, variable movements of the camera and rear sync flash.

Photo by Cathy Dutertre, 2014 Photo by Cathy Dutertre, 2014 “Chinoiserie” by Cathy Dutertre

Using movement, either from the subject or the recording device can be extremely emotional as the viewer re-interprets the image from a mental and emotional rather than physical points of view, whereas the use of extrusive time allows the artist to remodel the world at large, exposing the viewers to the astounding ability of the medium to record the passage of time. 


The Technique of Variable Planes of Focus for Reflective Artistic Outcomes

The Technique of Variable Planes of Focus for Reflective Artistic Outcomes

The Technique of Variable Planes of Focus for Reflective Artistic Outcomes

Photo by Pierre Dutertre Photo by Pierre Dutertre

View cameras, with their ability to independently move the front and back standards to generate sharp images within complex environments where the detail of a product or structure has to be fully rendered, have been around for well over a century. Architectural photographers have used the swings, tilts and shift functions of their view cameras to generate accurate, fully focused and standard renditions of interiors and exteriors, ensuring perfect vertical lines and recording the fine details of a particular space or building. Commercial artists have indeed been fortunate to control precise planes of focus to accurately represent products without distortion and with immense or a very shallow depth of field. This was predominant in food photography, where only a small portion of the image would be in focus, thereby creating a visceral and imaginative reaction with the viewer.

However, this ability to precisely control 3-dimensional planes of focus (also known perhaps incorrectly as selective focus) can also be utilized by the creative artist who desires to highlight a particular point of interest in a scene, directing the viewer to an area of interest as intended for a concept-based reflective intent. This technique relies on the ability to move the lens 3-dimensionnally, with the equivalent of the swings and tilts available in a view camera format. There are several alternatives that replicate the front movements of a view camera, from the easily attainable to the exotic. The beginning point resides in a lens baby set-up available for 35mm DSLR cameras. 

Lensbaby, Tilted  Lensbaby, Tilted

The operator can simply twist the lens in multiple directions to generate a fairly precise 3-diemnsional plane of focus.

The results can be very creative in isolating certain parts of the scene in order to create a mood or an ephemeral and mysterious image that denies a full view to the viewer, allowing for directed and controlled points of interest and therefore an artistic communication, resulting in a reinterpretation of the scene by the viewer.

Photo by Cathy Dutertre, 2012 Photo by Cathy Dutertre, 2012 Mounted Canon PC Type Lens, Tilted Mounted Canon PC Type Lens, Tilted

Perspective correction (PC) or tilt-shift lenses for 35mm and medium format cameras have been primarily used by architectural photographers in order to control perspectives and distortion, but these exotic prime lenses can also be used to imbue a distinctive style and content to an image. 

The Canon TS-E 24mm f/3.5L II allows for shifts and tilts, but can also be rotated to create a similar result of the lens baby, yet preserving a superior optical rendition.

“White Knight” by Cathy Dutertre

At the high end of the spectrum, one can use the X2 PRO system created for medium format and 35mm digital cameras, replicating the precise movements found in a view camera that otherwise may not be the best suited tool.

X2Pro, Fully Extended X2Pro, Fully Extended

Although created for studio use the X2 PRO is still manageable on location as in my personal use, despite the bulk and weight of the complete assembly. Mounted with a refurbished Mamiya body, a flawed Phase One P25 digital array, an ancient Mamiya RZ lens and a monopod, this rig has been a mainstay of many of my personal projects, allowing me to precisely control the 3-dimensional planes of selective focus to convey a mood and expressive / reflective artistic outcome. From a banal scene, I am able to extract the essence of a particular subject in order to imbue the image with a communicative message, the real subject matter that transcends the recording abilities of the medium.

“Dawn” by Pierre Dutertre “Weeping” by Pierre Dutertre

In effect, the technique of variable planes of focus imitates to some extent our human vision, monocular eyes that have a central point of sharpness, blurred peripheries and adjustable parallel focusing. The ability to push beyond these organic parameters with 3-dimensional planes of focus allows for a creative outcome, making images that are precisely controlled to add a quasi surrealist feel and mood, deconstructing unnecessary elements that do not support the concept, and creating engagement with the viewer as they examine a reconstructed reality as a personal communicative effort on the part of the artist.  


Photographing the Night

Photographing the Night

Photographing the Night

Hungry Gator & Bull Hungry Gator & Bull

Ah, night photography. Camping out under the open sky, recording trails as the stars creep across the heavens, exposing the glorious Milky Way as only a camera can see it…  

Nope, that’s not happening in the city! 

A Persistent Love

One of my favorite kinds of photography to both create and view is nighttime exposures of urban light. I have always felt such an affinity for the nighttime. By nature, I’ve always been a bit nocturnal, at my best after sun down. For this reason, nighttime urban photography exists within a deep affection that I may never let go of. Prowling around when the sun has hung up his hat for the night, the light and shadow begins to play in an artificial dance under the street lamps. Photographs made of the night hold such mystery and magic for me. Shadows become distorted, colors become surreal, static scenes whisper a different story than the one they assert in daytime. 

Below are two examples of daytime versions using some of my favorite nighttime photographs as guides.

4PM versus 4AM, Day & Night Opposites 4PM versus 4AM, Day & Night Opposites Day & Night Opposites, Featuring the photo Day & Night Opposites, Featuring the photo “Lure”, by Linz Welch

Looking at these comparisons, the daytime counterparts don’t hold the ambience and clandestine personality I seek. The stark atmosphere and deep darks of the evening versions call for my investigation. The photos in daylight just seem more still and obvious in their existence to my eyes.


My Trusty Steed

During the night, one of the most important pieces of equipment for me is a solid, yet packable tripod. A good tripod is integral to my style of photograph creation at night, as most of my nighttime exposures are from 15 seconds through 4 minutes. I tried many models of tripod before finally discovering my beloved 3 Legged Thing. This is a really gorgeous and understated tripod. It remains versatile, while being just enough unlike other tripods to feel like it is more than only a utilitarian item. On that note, I’ll stop making verbal love to my tripod here, and save the review for later. 

3 Legged Thing: Eddie 3 Legged Thing: Eddie

The two most important aspects of this tripod choice are that it is carbon fiber and only about 16.5″ folded. Carbon fiber is important because it resists transmitting vibrations up through the camera while remaining much lighter than other materials. The solid foundation stops speeding traffic from causing shake to my longer exposures. Carbon fiber is also ceases vibration faster than metal, so wind and camera shutter slap is more easily damped. The small size and weight means that it can fit inside my backpack, allowing me to carry only one bag which makes those long treks through the sub-urban jungle more bearable.

Another piece of equipment you will find in my bag is actually the one you won’t find. I almost never use flash in my night exposures, preferring to work with the conditions as I find them.

In The Best Light of the Light

When creating photographs that include light sources, one of the most essential aspects to me is rendering the visual character of the light as I see it in my minds eye. For this reason I choose to almost always stay within the aperture ranges f/5.6-7.1 despite loss of depth of field and complete sharpness throughout. While this exact setting can vary dependent on the lens’s construction, this is what is true of the lenses I am currently using. However, what remains always true is: the smaller the aperture (higher number, ex f/11) the sharper the light appears when it enters the lens; and the larger the aperture (smaller numbers, ex f/1.4) the more hazy the light, as it has a larger opening through which to enter.

A Comparison of Different Flares A Comparison of Different Flares

As shown in this picture, the top two examples at f/5.6 and f/7.1 are the kind of light source flare that I am simply in love with. It just barely begins to form a star while remaining slightly ethereal and equivocal. In the example for f/1.4, the light source has no personality; it just sits there and adds nothing of itself beyond the light in the scene. In the f/11 example, the star effect feels too abrasive; too sharp and defined, it begins to call all attention to itself as its shape geometrically contradicts all other forms in the photo.

Nighttime Shadow Trees, Featuring the photo Nighttime Shadow Trees, Featuring the photo “Stand”, by Linz Welch

A Few Tidbits To Remember

Having my ideal aesthetic and foundation in mind, there are a few more pieces of advice that are essential to a night of photographic urban safari. Below is a list of things to consider when setting out with a camera after sundown.

  • Do use a tripod and remote, or the camera’s self-timer.

Touching the camera while activating the shutter button can cause unwanted blur. 

  • Do be aware of surroundings and never be in the way.

Sometimes photographing empty areas at night can be a bit of a risk, be aware of who is around you and evaluate potential risks. The sad truth is there are people out there that might take the opportunity to run away with your gear! On the other side of the equation, be aware that when deploying your tripod, you don’t want to hinder vehicle or walking traffic around you, or cause people to trip on your tripod. It’s best to find an unobtrusive area you can hang out in, thus allowing you to concentrate on capture. 

  • Do look at the way the light changes the subject.

You don’t have to have use street lamps necessarily, but interesting lighting conditions are optimal studies for the conditions that are only available at night.

  • Don’t expose for the subject, but rather the quality of light. 

The object here is to do the most justice to the light itself, with the exposure of the subject being complementary to the light.

  • Don’t be afraid of the mundane, sometimes the simplicity of the light is all that’s needed. 

At times, simplicity wins; all of the interesting angles and perspectives can’t compete with good old fashion geometry. Don’t be afraid to try the obvious approach.

  • Don’t be temped into high ISO settings.

The lowest ISO and long shutter speeds will maintain subtle gradients and dark tonalities. As noise or grain in the media increases, details can become mushy and unique nighttime tonalities can be lost. Don’t be afraid to open the shutter for several minutes or more.

“The Path of Night”, by Linz Welch

Into the Night

I hope you’ve enjoyed reading my approach to stalking around in the dark. As you can see, not all photo adventures need to take place in waking at 6am, and some of the real jewels only become apparent in the evening. Our modern days are so busy, and full of running from here to there, that we often forget to enjoy this world of artificial light we have created for ourselves. Of course with it, all the stars of the heavens are missing in action as more sprawl brings more light pollution. Finding stars for photographs means venturing ever farther away from home for many. However, rediscovering the uniqueness of the world of man, as seen at night, means adventures can also be found in just a few steps outside.

Well, what’re you waiting for? Get out there and lose some sleep to the glory of night photography! 

“Pig < “, by Linz Welch

Contributed by: Linz Welch