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Makers and Takers: Art and the Appropriation of Ideas

What's wrong, or right, with using other people's ideas? Here Henri McKervey and Declan Long investigate the originality - quoting - appropriating - plagiarism continuum.

Gillian Wearing: from Signs that say what you want to say and not signs that say what someone else wants you to say, 1992-93, on aluminium, 40.5 x 30.5 cm each; courtesy Gorney Bravin + Lee, New York and Maureen Paley Interim Art, London

In his essay In Defence of Plagiarism, Christopher Hitchens offers an amendment to an established definition of artistic 'theft':

A good rule of thumb for young plagiarists starting out in life might be the one set down by George Moore. 'Taking something from one man and making it worse is plagiarism'. To 'making it worse' one could add 'or leaving it exactly the same'.

Given that there has been a number of high-profile 'appropriations' of ideas in recent times - instances in which creative thinking has been duplicated with a suprising degree of openness - it is instructive to examine what exactly the implications are when an artist or a writer cries "theft."

Hitchens, after giving examples of occasions when he himself became both accuser and accused (the latter instance being resolved to his satisfaction, although, he adds "I still wake up whimpering about it"), approaches the matter of definition with extreme caution: "If you think you know what plagiarism is, you are making a very large claim - the fact that you know originality when you see it." In order to illustrate his point, Hitchens provides several "relatively shattering" examples of occasions when originality came into question - even such canonical standards of literature and oratory as T.S. Eliot's The Waste Land and Martin Luther King's momentous 'I Have a Dream' speech are shown to have relied, rather heavily in part, on certain unattributed 'source material'. Science too, Hitchens notes, has not been immune:

Sir Isaac Newton ...took great credit for propounding a law of planetary motion . This was to the outrage of his rival Robert Hooke, who maintained that Newton had drawn on his work as well as that of others...Newton made no direct admission, but did tactfully say that 'if I have seen farther it is by standing on the shoulders of giants'.

Unfortunately for Newton this memorable mitigating aphorism had itself appeared thirty years before in a collection of proverbs by George Herbert (remarkably, Herbert too had 'borrowed' the phrase from another source).

The point of Hitchens's observations, nevertheless, is not (or is at least not primarily) about challenging reputations; rather, his key question becomes "what would our culture be without borrowing, adaptation and derivatives?" In the area of visual art, such a question has taken on additional relevance given the extent to which appropriation and the recycling of pre-existing materials have become crucial factors in contemporary practice. While the possibility of originality is a persistent theme in contemporary art, the re-use of images and ideas does not always take place without controversy, particularly when concepts from visual art are re-applied by creative teams from the advertising world.

Among the most controversial of recent cases in which material has been relocated from art to advertising has been the artist Gillian Wearing's disputes with two separate advertising firms over their unattributed use of her ideas. Difficulties began for Wearing when an ad for Volkswagen directly copied the style and idea of her 1992 photographic work Signs that say what you want them to say not signs that say what someone else wants you to say. In this piece, members of the public were pictured holding placards on which they had written short statements describing their inner feelings. In one image , for instance, a young man in a business suit held a sign which read "I'm desperate"; in another, an individual holds in front of him a card inscribed with the startling statement, "I've thought about being a gigolo but I'm worried about the health risks." Volkswagen's made-for-TV version used a different selection of people (presumably actors in this case) and new, less intriguing, statements - a security guard, for example, held a card with the word 'sensitive' as a contrast to his tough appearance - but without question, the principle remained the same.

At the time of the advertisement being broadcast, Wearing did not pursue any legal action against the advertising agency or the car manufacturer, though her decision did not come about as a result of any satisfactory arrangements being made with either. Rather, there was some problematic recent precedent in that another advertising agency had been challenged by a young film-maker, Mehdi Norowszian, for similarly alledgedly borrowing one of his ideas for a Guinness commercial, a case which resulted in Norowszian being ultimately liable for £200,000 in costs - a figure which even Gillian Wearing, one of Brit Art's biggest young stars, could not afford to lose.

Unfortunately, difficulties were to arise again when the idea behind another artwork by Wearing, 1997's 10-16, turned up in an advertisement for Sky Digital. This time, the case had an added dimension of controversy in that the commercial clip had been made by the ad agency of Charles Saatchi, Brit Art's primary benefactor and the owner of an edition of 10-16. Wearing's response, when interviewed by the Observer newspaper at the time of the disagreement, was to ask "how could an ad agency do something so unethical?" To one Observer reader who had worked in advertising, Wearing's query exposed her as either naive or disingenuous:

I worked in advertising for 17 years and hardly ever saw an original idea. What I did see was clever appropriation of creative ideas from movies, TV, art and literature...Advertising agencies are practised plagiarists.

John Paul McAree:Sack of Balgriggan, painting, 2002; courtesy Ormeau Baths Gallery


In relation to the practise of plagiarism in literature, Christopher Hitchens borrows a line from Robert Benchley: "great literature must spring from an upheaval in the artist's soul. If that upheaval is not present then it must come from the works of any authors which happen to be at hand and easily adapted." Whether or not advertisers can be said to have souls, it is feasible that the latter part of Bentley's formulation could apply to much of their craft.

Yet, as Hitchens's examples from literature make clear, strategies of appropriation are not merely developed by those operating outside the realm of the fine arts. In visual art, borrowings and unattributed referencing might in fact be said to move more often in the opposite direction as artists re-use material from advertising, popular culture or even other contemporary artworks as a key part of their individual art language. Steve McQueen's 1999 Turner Prize-winning video work Deadpan, for example, featured an image of a falling house which had been famously first used in a 1928 Buster Keaton film Steamboat Bill Junior (more recently the idea has been re-used again, appearing in the video for the Chemical Brothers' single The Test). 'Appropriation art' is even a genre all of its own in the history of modern art. Turner-shortlisted artist Glenn Brown, for instance, a Sensation peer of Wearing's, has gained a reputation (and even occasionally run into trouble) for his direct appropriations of other artists' styles. Brown's paintings, as David Barrett has noted, "appropriate well-known works and reconstruct them in a painstakingly hyper-real manner"; in one, Brown might 'impersonate' a Frank Auerbach painting, in another his work becomes a 'cover version' of the garish cover-art for sci-fi novels. A more politically charged version of such painterly appropriation might be the work of John Paul McAree, recently shown as part of the Ormeau Baths exhibition Appropriations. Similar to Brown's relentless pastiche in that it derives its 'style' from the established, canonical styles of painters such as Auerbach, Yeats and even Gerhard Richter - who himself has extensively appropriated imagery from advertising - McAree's work nevertheless adds context to his copyist plays on style, the seemingly nostalgic scenes of his works in fact portraying the aftermaths of infamous incidents of conflict in Irish history.

While in each of these cases the question of artistic originality is being quite deliberately problematised, legitimate doubts remain for many about the history of 'appropriation' more generally - it is arguably a process which, as the critic Robert Hughes has acerbically commented, "sounded more dynamic than just 'quoting' someone else's art and more respectable than merely 'plagiarizing it'."

The nature of copyright law as it exists in the UK is determined by the Copyright Designs and Patents Act and allows for no real restrictions on the re-using of any particular 'idea'; instead it is the expression of an idea which is subject to legal protection. While perhaps this has meant that an artist such as Gillian Wearing can be faced with difficulties over the unattributed re-application of her work, the law also could be said to give artists a relative amount of freedom to take and re-use material in any number of subtly different ways without the spectre of plagiarism remaining ever-present. In a work such as Douglas Gordon's 24 Hour Psycho, for instance, there is in one sense very little of the artist's 'own' work (Hitchcock's classic thriller being merely re-played at a radically slowed-down pace) yet Gordon's intervention makes for a powerful, transformative artistic statement. The question of "knowing originality when you see it" is almost beside the point in cases such as this: artists' strategies of appropriation prompt questions of originality to become thematically intriguing on, one level, while also being critically irrelevant and, on occasion, inappropriate, on another.

Henrietta McKervey is a copywriter. Declan Long is a writer and Education Manager at Temple Bar Gallery and Studios, Dublin.

Article reproduced from CIRCA 101, Autumn 2002, pp. 32-35.

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