This may be a very silly question but I have a certain affinity for the type of art Andy Goldsworthy creates…His Artwork is so simple and natural it really strikes the right cord with me.
I have always done a bit of art throughout the years, mainly carving with wood or stone. I would love to create some things on my property that resemble what Goldsworthy does. My question is this: If I want to photograph, and create a coffee table book of my work, and it resembles Goldsworthy’s work, am I at all liable for anything?
My off the cuff answer is of course not! But to be honest I truly don’t know. I suppose I would have to sell the work for it to be any problem…right?
First of all, let’s get rid of the most common misperception on copyright. It does not matter if you profit from your copyright violation, just that you did it. Profit vs. non-commercial use may be an issue in terms of damages and a fair use defense, but it’s entirely possible for copyright violation to exist with no profit on the part of the copier whatsoever (or loss on the part of the victim).
As far as your main question, no, you can’t copyright a style, or an idea, or a concept. Just an actual creation. More relevant for writers, but Orson Scott Card has a good webpage on copyright for nonlawyers: http://www.hatrack.com/writingclass/lessons/1999-12-20.shtml
That is a good cite for copyrights. I simply really enjoy Andy Goldsworthy and his natural sculptures. That coupled with my love of working with my hands, and an amazingly large, diverse scattering of Granite on my property. I’ve got to do something with it…my wife and I already built our stone wall.
Unless it was an exact copy of his work, it’s not a copyright issue. If it looks something like what he would do, you may get charges of imitation, but no copyright violation.
Goldsworthy is an amazing artist. The more the merrier.
Just be careful, he’s completely insane to do some of the stuff he’s done. He only works with found materials, so he’ll spend hours scouring a site to find leaves of similar hue or to find rocks with the right coloration. He has gotten frostbite on several occasions because he stands out in the cold holding the icicles while he pours water on them so they will freeze together.
It’s worth the effort though, his work is truly inspiring.
I actually ordered his new documentary - which got best docu 2003 at the Sanf Fransisco Film Fest - I had already seen it on the big screen. He mentions that he goes out everyday looking for inspiration and apparently finds it. I am actually talking about his Cairnes. I’d love to try and build one of those !
It’s still likely that the suit will be thrown out of court or settled without setting any precedent. But I’m not sure I would dare make a coffee table book of imitative work until and unless Madonna wins this one.
Isn’t art always about imitation? Aren’t there movements in Art, meaning someone new has come along and done something unique - then everybody else copies them?
I shouldn’t think there have ever been any artist ever who isn’t influenced to the point of direct imitation at least sometimes.