The newspaper The New York Times tells of the use of the ideas of contemporary artists for promotional purposes. Sometimes happens that advertising appropriates the idea, largely inspired by the other ad ...

In February 2007, the famous American artist and composer Christian Markle (Christian Marclay) has prepared his personal exhibition in Paris. One of his friends wrote him e-mail, which was advised to see a new advertising communicators Apple iPhone, broadcast during the award ceremony «Oscar». Markle is advertising on YouTube and are very surprised: the 30-second video had been used the idea of one of his videos.

Roller iPhone is a very high cuts of episodes of TV shows and Hollywood movies, where heroes are raising phone and say «Hello». In this advertisement, you can see movie stars such as Lucille Ball (Lucille Ball), Humphrey Bogart (Humphrey Bogart), Dustin Hoffman (Dustin Hoffman). Naturally, the Markle was outraged - because the same reception he used in his videos of 1995 «Phones». It has also been created from kinoepizodov, where the characters are approached by phone. This 7.5-minute video is one of the most famous works Markleya. It was shown on a set of exhibitions in Europe and the United States.

According to Markleya, in 2006, Apple representatives contacted the New York Paula Cooper Gallery (Paula Cooper Gallery), representing the work of the artist. They wanted to buy the idea used in the «phones», but Markle did not want her to sell. «All they thought that my video - it is advertising communicators!» - He said.

Markle has consulted a lawyer about copyright infringement, but in the end decided did not apply to an action. According to him, «when people with such power and such money, copy of your work, you have nothing with them you can not do». They say the artist is afraid to file in court, because they do not want to attract the attention of those whose copyright has been infringed by it. In his video Markle often uses scenes from Hollywood movies, of course, not asking permission.

But his drawing, he does not consider theft. «I just quote from cultural sources that are known to all. So, I comment on the cultural situation in which I live, - he said. "- And in contrast to the advertisers, I do not sell any phones».

At Apple, nor its advertising agency TBWA /Chiat /Day is no comment on the video did not.

From the second half of XX century advertising is one of the main instigators for the artists. In the 1960's, Andy Warhol (Andy Warhol) has glorified all over the world banks and Campbell soup cartons Brillo, depicting them in his famous silk-screen printing. Later started the whole movement - apropriatsionizm (Appropriation Art), based on public borrowing other people's (including advertising) ideas. One of the main representatives of this movement, Richard Prince (Richard Prince) was famous for his depictions «Marlborough-menov». He did enormous photo magazine advertising of cigarettes Marlboro, which included the famous cowboy, and exhibited in museums and galleries as their own works. Works by Warhol, Prince and many other pop-art and appropriation art is a critical commentary on consumer society. They also call into question the very notion of «original idea».

contemporary artists seem to understand everything. The use of advertising clichés in art has long been common. But what happens when the «shamelessly apropriatsionista» serves advertising itself?

Most artists, like Christian Markle, is not happy when their ideas are earning. According to the well-known specialist in the field of copyright Donna Zaretsky (Donn Zaretsky), advertisers are becoming arrogant and brazen. «No wonder that they are in search of inspiration of wool the entire world of art, - he said. - Of course, they want to use the work with which people are already very familiar. But more and more cases associated with frank plagiarism ».

Zaretsky points out that American copyright law is «dim». «The law protects not ideas, and ways of expressing these ideas. But how to distinguish one from another? »How to distinguish advertising, simply« inspired »any idea of plagiarism?

When artists decide to punish advertisers for plagiarism, the case most often resolved outside the court. Although it is known several instances in which authors of works of art have been able otsudit from copyright violators impressive compensation.

In 1987, the Federal Court allowed the claim famous artist Sol Cteynberga (Saul Steinberg), stated that a poster advertising the film studio Columbia Pictures «Moscow on the Hudson» ( «Moscow on the Hudson») exactly repeats the idea of famous magazine cover of New Yorker. The poster is the same as cover, outplay theme «the world through the eyes of the people of New York»: Both pieces are a detailed picture of New York Avenue and the skyscrapers and «the world» somewhere in the background.

Twenty years later, the French court ordered the famous fashion designer John Galliano (John Galliano) to pay 200 thousand euro photographer William Klein (William Klein). Klein filed in court, having seen in Vogue magazine advertising photographs for Dior, made in a style very similar to his own. One of the main «brands» his art is bright strokes of paint applied to the picture, and it is this technique borrowed the creators of advertising.

recently asked Donna Zaretsky artist Spencer Tunik (Spencer Tunick), known for his provocative photo. His most famous photograph depicts an enormous mob of naked people in public places. Tunik idea has been used in advertising Vaseline cream company Unilever. In the 60-second video, entitled «Sea skin» a lot of naked men and women taking various poses and carry out different movements. According to Spencer Tunik, the advertising so much like his photographs and installations that, in fact, plagiarism is impossible to doubt.

What people think about this by advertisers? «I am familiar with the work of Spenser, - said Kevin Roddy (Kevin Roddy), creative director of Bartle Bogle Hegarty, which formulated advertising - but I can not say that it works as the impact on our movie. The work of Spencer represents precisely that humanity and nakedness. And we wanted to demonstrate the functionality of the skin. Of course, we have that there are hundreds of thousands of naked bodies, but they are all allegory skin ».

Spencer Tunik has not yet been decided, it will be submitted to the court or not. Like many others, he was a victim of its own popularity. Of course, many people can not resist the temptation to cash in on some well-known idea or «chips».

Same as with Tunik occurred, and the representative of the movement Young British Artists ( «Young British Artists») Uering Gillian (Gillian Wearing). In 1998, Gillian was shocked advertising vehicles Volkswagen, used the style and the idea of a series of photos «Signs that say what you want, not what you do not want». For this series the artist photographed on the streets of ordinary people, holding paper plates on which they wrote about what people think or feel. The most famous of the works in this series is a photo-groomed young man in business suit holding a piece of paper with the inscription «I'm desperate» ( «I am in despair»). And in advertising Volkswagen appears dour security guard with a sign «Sensitive» ( «sensitive»). Despite the apparent plagiarism Uering decided not to go to court.

A year later ally Uering for Young British Artists Damien Hurst (Damien Hirst) has threatened to sue the British Airways for the use of one of the «original» motifs - colorful dots on a white background - on billboards owned by the budget carrier Go . In an interview with British newspaper The Independent Representative Hurst said that the artist had planned to make the British Airways pay copyright royalties, but the deal did not materialize.

Hurst - not only an artist, trying to negotiate with the creators of advertising. Advertisers have long ordered work from famous artists. From 1950 to 1975 on the pages of major American magazines (such as «Fortune») appeared advertising an American manufacturer of containers CCA, established artists such as Fernand Leger (Fernand Leger), René Magritte (Rene Magritte), Willem de Kuninga (Willem de Kooning ), Laszlo Mohoy-Nagy (Laszlo Moholy-Nagy), and many others. In 1985, a manufacturer of alcohol Absolut launched a massive advertising campaign, with the fashion of modern artists - Andy Warhol, Keith Haringa (Keith Haring), Yuskaveydzh Lisa (Lisa Yuskavage) and others, whose task was to provide variation on the theme of the famous bottle «absolyutovskoy» vodka. But not all artists have agreed to cooperate with advertisers, and many refused. Besides Spencer Tunik to create advertising for the company Dove, Lipton, Microsoft and Blue Cross Blue Shield, but he always said «No». But the producers of advertising does not leave hopes to reach the artist. According to him, he gets them from at least two e-mails per week. «They want to use my work, I always say to them that do not remove the advertising», - he says.

Swiss classics of video art Fishli Peter (Peter Fischli) and David Weiss (David Weiss) is also constantly «struggle» against such proposals. The most popular product Fishli and Weiss - 30-minute film of 1987 «That's it all happens» (The Way Things Go), for which artists have received numerous awards. The video was recorded with a chain reaction of threads, beads, bumazhek, tires, burning candles and other items from time to time, emerging, exploding and sparkling, without any human intervention. [By the way, countless variations on the same subject can be seen in multseriale «Tom and Jerry». - Ed .]. In April 2003, viewers watched the first advertisement of Honda Accord, where a similar chain reaction took place with the details of the car. Peter Fishli in an interview with the magazine Creative Review has made clear that they Weiss to the advertisements have nothing to do with. «We have many write:" Oh, you sold the idea of Honda ", - said the artist. - But we do not want people to think so. The meaning of the video "That's how everything happens" - is that consumption can also be art ».

Advertising Honda, developed by agency Wieden & Kennedy, has gained immense popularity. There are even videos-parody - for example, advertising BBC Radio. This «PCR» was the main topic of discussion, held at London's Tate Modern in the retrospective exhibition Fishli and Weiss in 2006.

loans from every possible source has become one of the basic practices of modern art. Many consider the paradoxical fact that artists are still zealously protect their copyright. Professor of Art History XX Century, New York Purchase College lobelia, Michael (Michael Lobel), author of books about Roe Liechtenstein (Roy Lichtenstein) and Richard Prince, said that to add fuel to the fire yet, and that now, thanks to the Internet, to get acquainted with the creations artists easier than ever. Therefore, the artists seek to maximize control the spread of their ideas.

Professor lobelia said that he understood the artists who have been victims of plagiarism. But, he said, the creator should not forget that their art is also heavily dependent on others' ideas, images and motifs. «Culture - a permanent borrowing», - noted he.

advertisers borrowing ideas from artists who, in turn, inspired by advertising ... This is a chain reaction.

Source: www.nytimes.com