Plus ça change, plus c'est la même chose.

 Roughly translated, "What goes around comes around." Sifting through my archives in search of something else, I discovered these two photographs, one by Andy Warhol from 1958 and one by myself from 2014.

I know it's NPC these days, nonetheless I wish it were a case of great minds, but I think it is only a case of vague visual memory somewhere in the ether.

Andy Again..Andy Warhol

The other day I was reminded of Andy's photograph, "Two Cakes and a Gun." I walked into my own kitchen and saw my cake and evidently my gun. The fact that mine is plastic makes it Andy Warhol redux.

Well, it's not cake but it's certainly eating.

Video of my friend Ultra Violet re: New Posthumous Album

"Ultra Violet - Songs & Conversations" An Album Trailer from Refinersfire LLC on Vimeo.

Ultra Violet—the Passing of an Era

Last night I went to pay my final respects to Ultra Violet a.k.a. Isabelle Collin-Dufresne. It was very moving. It was like a very surreal cocktail party with no drinks and no food but filled with interesting people of all ages and representing all the phases of her life. She looked beautiful, still in violet with a beaded collar and her glittering pins that spelled out Ultra Violet. 

We became friends in the last few years. She had a great spirit, interested in art and people, always shimmering in purple and glitter, and always herself. I shall miss her.

 

                                                           Photo ©2011 Susan Shaw

Roma Day 2 -- Andy is here

Naturally heard a long story from a waiter because I was drawing in a restaurant. "A man was drawing on the menu. after he left another patron offered the waiter 100 lira for the menu. he sold it. Later the waiter realized it was an Andy Warhol." Why am I connected to Andy where ever I go?

Andy Confluent

You know about my obsession with Andy Warhol...well, it's gotten stranger and more connected in odd ways than ever.

Now there is a silver Andy monument by Rob Pruitt right outside my window, where I used to see Andy himself everyday coming and going from Interview magazine...and my studio is neighbor to the Silver Factory which was his studio. (For a chronology of Andy and his players)...and now in Andy's honor I always wear the fragrance from Bond No. 9, Silver Factory...


...and last weekend I met a lovely artist, Madelyn Roehrig, who talks to Andy Warhol at his grave and who started filming people at the gravesite talking to Andy...which turned into...a work of art. November 5 at the Warhol—Madelyn Roehrig's Figments: Conversations with Andy: Year I & Year II (2009-11), with live music by Meeting of Important People, Dave Olson, and Uke & Tuba.

No Time for Andys

Actually there is always time...discovered on Vimeo.

Andy's Daily Diary

This broken traffic sign was a marker for some mental cloudiness about a decision I have to make. My method of dealing with my lack of clarity it is to walk, taking photographs and letting my subconscious attack the problem. Last night my conscious brain was thinking Andy Warhol and his daily Tri-X diary. He shot at least a roll of Tri-X a day, not surprising since his work has a photographic base, but interesting in that what he shot was truly a visual diary. There were celebrity pix, interesting objects, ideas for paintings, people having sex and more. You can see the descendants of these ideas in the work of Nan Goldin, or David Hockney. I enjoy the freedom and randomness of the shots I take and the diaristic freedom that attaches no particular individual value to the imaging stream. I enjoy the jokes too, e.g. the limited palette abstract of the crumpled wrapper that states "quarter pounder no cheese." Perhaps a visual diary adds clarity in retrospect. I sincerely hope it does.

Something like....

In the olden days, there was a video game arcade where Max's Kansas City used to be. I played there many a night communing with Pacman and the ghost of Andy Warhol. My favorite game was called Crazy Climber. My little guy would frantically climb, windows shutting on his fingers, pots of flowers thrown on his head and the reward to have King Kong try to stomp you at the top. When he invariably fell, he'd cry, "Oh Noooooooooooo." It was a perfect metaphor for my life back then.

I've been seeing these little Pacman-like creatures appearing on the buildings around town. If one defines the past as my daughter did, "Yeah mom, I'm playing old time music, you know -- The Rolling Stones," then this is a fine and peculiar form of urban archaeology. They always make me smile.

Roman Ondák

I was part of "vital role" that participants play in the creation of "Measuring the Universe" (2007), by Slovakian artist Roman Ondák. At MOMA these days attendants mark museum visitors' heights, first names, and date of their measurement on exhibition gallery walls. I've almost never seen people standing in line to become part of an art work. Beginning as an empty white space, the gallery is accumulating the measure of thousands of people.

The inclusion of viewers has a long tradition in performance-based art. Overcoming division between art objects and spectators, people stand in the line to perhaps rediscover the proud feeling they had as children—in the time honored custom — growth marks against a door frame or perhaps to have someone else make their mark in the universe, or perhaps to use part of their "15 Minutes", This artwork addresses gauging the scale of the world. Try it for yourself. If you see, "Susan July 15, 2009" you will know that I, like Kilroy, was there.

Not ready for my close-up...

Saturday morning I think I was in a fugue state, how else can I explain it? I applied to be on a reality TV show for artists that Bravo and Magical Elves were casting. I stood in line from 6 a.m. for hours and hours. I made the first cut. I didn't meet Sarah Jessica Parker. I didn't get a spot. Even worse I had a co-conspirator, the wonderful sculptor, Jon Berge. We actually had a lot of fun schmoozing in line. I enjoyed meeting the other artists trying out and made some new friends. Especially a few who are blog worthy themselves...so stay tuned.

Even if I didn't get chosen, I'm really glad they are doing a show about art and artists. It's really the only way that people will learn that artists are serious about their art and that art is a great investment for everyone on any level. How many other things do you buy that you enjoy now and might be a winning lottery ticket later.

I have a friend who worked for Interview magazine in the old days. When they were struggling and couldn't pay her, they gave her a painting, it's a Warhol—need I say more about the lottery ticket aspect?

The best thing about the experience was that Jon Berge came to New York. He's the artist I talk with the most, Skyping him often. He's a supporter, critic, investigator, strategist and more. I value his friendship as one of the diamonds in my life box. And there you have it— I didn't win, but optimist I, rich in artistic friends, am already winning.

Andy is Dandy

You all know my fascination with all things Andy... So what more could a girl want? Andy would be proud to be associated with this shameless Susan and Kurt version of the home, no make that factory, shopping club. Yep, you can click and buy any item in this blog except me.

Let's start with the Philosophy of Andy Warhol. I haven't read it but I like anything in a soup can. Is the philosophy canned? I couldn't say—try it for fifteen minutes and let me know.

My current favorite Andy inspired product is the Bond no. 9 fragrance named "Andy Warhol's Silver Factory." I LOVE the way it smells. I could see Andy jumping on the scratch and sniff bandwagon, although certain sniffs might make all that art much more attractive.



In case you are faint from shopping and need to take a break, here's Andy and Brigid Berlin discussing how Andy was able to produce thousands of paintings.





Finally, I've included a really swell gift for a budding artists you know, Andy Warhol's Colors. At least they'll learn the colors and how to count—up to fifteen minutes.

Antanglements

Andy would have loved how much press he keeps getting...15 minutes inflated to 15 years and perhaps 15 centuries. Here's the latest attention grabbing lawsuit.

Warhol Collector Can Pursue Suit, Judge Rules

A collector of Andy Warhol artworks can now pursue claims of fraud and unjust enrichment against a foundation that authenticates the artist’s paintings and prints, thanks to a federal judge’s ruling.

After Joe Simon-Whelan bought a Warhol self-portrait for $195,000 in 1989, it was judged genuine by the Andy Warhol Foundation for the Visual Arts, court papers say. When he resubmitted it before trying to sell it for an anticipated $2 million in 2001 and 2003, it was twice stamped “Denied,” or fake, the filing said. In 2007, he sued the foundation in federal court in New York, asking to represent other buyers of the artist’s works that were judged to be fakes. On Wednesday, the judge refused to dismiss the case and said Simon-Whelan satisfied “the plausibility standard” in alleging illegal trade restraint and monopolization.

And here's one of those necessary products, perfect for going incognito in court when you need to, the influential pop icon, platinum white, "Andy" wig One of those must haves, I guess.

Warholize me! Obamicon me! Sue me!

Copyright and Fair Use PARTS 2 and 3




"Steal this blog," or rather "Sue this Blog," might be where we're going next in the continuing saga of Fair Use. Copyright infringement lawsuits directed at bloggers and other online publishers are on the rise. According to the New York Times, the number of suits rose more than 500% in 2007. These legal disputes are symptomatic of the ease of “sharing” and the Internet’s link economy. Many web sites post excerpts from time to time, including this one. At what point does excerpting from an article become illegal copying?

The courts have not provided much of an answer. In the United States, the copyright law provides a four-point definition of fair use, which takes into consideration the purpose (commercial vs. educational) and the substantiality of the excerpt.

As Mr. Ardia, whose Citizen Media Law Project is part of the Berkman Center at Harvard Law School said, “New modes of creation, reuse, mixing and mash-ups made possible by digital technologies and the Internet have made it even more clear that Congress’s attempt to define fair use is woefully inadequate.”

For now, Web sites are defining it themselves. Sites like Alley Insider and The Huffington Post are ad-supported businesses that filter the Web for readers, highlighting what they deem to be the most meaningful parts of newspaper articles and TV segments.

The Huffington Post, co-founded by the author and columnist Arianna Huffington, is perhaps the star of the excerpting debate. Ms. Huffington’s editors are especially adept at optimizing the site for search engine results, so that in a Google search, a Huffington Post summary may appear ahead of the original article.

Read the full article in today’s New York Times, it is our future.

See Yourself as Others Sue You




Adding to this is the current rage for portraits "in the style of" that you can create yourself. There are thousands of sites today where you can have your snaphot turned into a "Warhol" for $69.95 canvas wrapped and like they say in the commercials "sofa-sized. " Or perhaps you would prefer an original "Fairey" courtesy of Pasteboard Magazine. To be continued...

Steal this book!

Steal this book! by Abbie Hoffman—I don’t know if you remember this tome about among other things liberating oneself from “corporate feudalism” but it was prescient of today. The imagined corporate feudalism has today become “branding”, and the protectiveness of those brands for profit is impacting our ability to have free speech. You cannot speak about society today or perhaps even express it fully in artwork without suggesting the major impact of brands on culture. Your lawsuit probability may be about 50%.

As I understand it, copyright was made to give creators some benefit from their works during their lifetime and also to promote the sharing of ideas so that science, and in our case art, can move forward and build upon others discoveries. The sticky part comes when it becomes about money and the potential for money made from “derivative works.” The argument becomes then about the art itself and whether it is derivative or “fair use.” And you know what? The decision will be made by someone not currently involved in the art world, someone who may never have had time or inclination to take an art course or even to look at art, that’s right, a judge or jury.

As a former software developer and current artist, I absolutely believe in intellectual property laws but I also don’t believe they have to be used like a cudgel. I don’t think we should be self-censored so we won’t get sued. I don’t think that we should allow our government to trademark common speech like “You’re fired,”

I’m sure you are sick to death about the Shepard Fairey lawsuit but it seems important enough to keep the dialog open. It’s going to run over the next couple of posts, so here’s an art scorecard to start the ball rolling:

Duchamp is not sued by Leonardo DaVinci or by the maker of fine sanitary porcelain.

Warhol is sued by a photographer Patricia Caulfield. Andy Warhol's Flowers were based on a color photograph of blossoms taken by Caulfield which appeared in the June 1964 issue of Modern Photography magazine. When Caulfield saw Warhol's Flowers, she brought a lawsuit against the artist and was offered two sets of Flowers portfolios as payment for use of her work, but she declined the offer and a cash settlement was arranged.

Warhol is sued by a photographer Charles Moore for a photograph of men attacked by police dogs (photo previously published in Life magazine0 which he used in “Red Riot.”

Warhol is not sued by Campbell’s Soup.

Rauschenberg was sued by including a photograph by Morton Beebe in “Pull” one of his important works.

Koons sued for “String of Puppies sculpture, original photograph taken from Art Rogers photograph



Elaine Sturtevant is not sued for appropriating Warhol’s work. Bansky is not sued for appropriating Warhol’s work. ( Sturtevant Marilyn left, Banksy Kate Moss right)

Shepard Fairey is sued by AP and sues also in a pre-emptive strike regarding the photograph referenced by artist for his Obama HOPE poster. The original photographer is undecided. Fairey’s attorneys filed for a declaratory judgment on the matter, seeking to vindicate the artist’s rights in regard to the works he created to support the candidacy of President Obama by arguing that it is protected under copyright law’s doctrine of fair use. The argument is further inflamed by the usual showing of only a heavily cropped version of the original photograph.

In a Huffington Post blog entry, attorney Jonathan Melber describes the four factors used to determine fair use as, “what, exactly, the original work is, how much of it you're using, how you transform it, and whether your new work hurts the commercial market for the original.” Furthermore, he notes, “…the transformation that really matters is the conceptual one, not the physical one.” Indeed, the complaint filed by Fairey’s attorneys contends that Fairey used the photo "as a visual reference," which he "altered...with new meaning, new expression, and new messages."

Check out the US gov's post on copyright and fair use. See what you think...