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If Imants Tillers did not receive permission from the copyright holder, his appropriation of Giorgio de Chirico's 'The Painted Family' would be an infringement of copyright law as he created a reproduction of Chirico’s work   before 70 years after his death had passed. Copyright law is an act of 1968 and is a form of legislation that protects the legal rights of the artist or copyright owner in relation to the publication, reproduction or sale of an artwork. Copyright allows the original creator to profit from their work and breaking copyright law usually results in monetary penalties. In the case of larger businesses especially, criminal penalties may also apply. An ethical consideration that may also arise from Tiller’s appropriation is the moral rights of the artist. This includes the right to integrity and the right of attribution. The right to integrity means that if another person’s work is utilised, it must not be altered in a way that could be discriminatory or hurtful to the original creator. The right of attribution means that the original artist must be given credit if their work is appropriated, such as including their name or the work’s name in the new artwork. In the case of Tiller’s appropriation, nor the original artist’s name or the title of the work was recognised.

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The Copyright Act 1968. Copyright ensures that associate artist’s work isn't plagiaristic, exploited or reproduced while not the permission of the copyright owner. In Australia, copyright lasts for the artist’s life and seventy years and is automatic once a piece has been made. It doesn’t, however, defend ideas, data, designs or techniques. Before Tillerstaken ‘The Painter’s Family’ he would have had to receive permission to try to to therefore from whoever owns the artwork’s copyright. moral concerns which will arise confer with DE Chirico’s own, personal ethical rights. These rights continuously belong to DE Chirico though the copyright is in hand by somebody else. they permit him to demand thathe's the attributed creator of the first work, the work isn't incorrectly attributed to anyone else which it's not employed in the simplest way that's damaging to his honour or name. Tillers would have had to stick to all or any of DE Chirico’s legal and ethical rights so as to with success applicable his work.

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Imants Tiller's appropriation of Giorgio de Chirico's painting The Painter's Family was create in 1992. When painting  Inherited Absolute, Tiller would have had to abide by Chirico's legal rights. Under the Copyright Act 1968 (Cth), artists have the right to protect their artworks intellectual property from plagiarism, the unique way an artist has expressed an idea, and that it cannot be reproduced without the artists permission. Copyright lasts for the artists life, plus 70 years. Chirico died in 1978, meaning that all artworks produced are still legally under copyright.

Furthermore, Tiller did not pay homage to Chirico, directly conflicting with the artists moral right of attribution. The right of attribution ensures that the reproduction of an artwork must acknowledge the original artists, however Tiller did not.

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From the works of Imants Tiller and Giorgia de Chirico's artwork, it is quite clear that Tiller's appropriation of Chirico's piece did not pay homage to the originator and was not abiding by the legislation laws. Tiller did not follow the Copyright Act (1968), where legal rights to protect the artist work for their live, plus 70 years. Since it had not been 70 years had not passed since the original artists death, Tiller must have a licensing agreement to do so. If he did not, then he could be sued for any funds made off the work. Tiller had also failed to pay homage to Giorgia de Chirico, by not mentioning the original title or artist within the new title. This has breached moral rights which supports the ownership and integrity of the work.

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Refer
to artworks 4 and 5 in the detachable insert.

Discuss
legal and ethical considerations
that may arise from Imants Tillers’s appropriation of Giorgio de

Chirico’s artwork.

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Refer
to artworks 4 and 5 in the detachable insert.

Discuss
legal and ethical considerations
that may arise from Imants Tillers’s appropriation of Giorgio de

Chirico’s artwork.

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It is evident that Imants Tillers did not abide by the legislation laws associated with appropriating Giorgio de Chirico’s oil paint on canvas “The Painter’s Family” when producing his synthetic polymer paint on canvas “Inherited Absolute”. If Tillers did not possess a licensing agreement, then he could be found guilty for committing a number of offenses including failure to comply with the Copyright Act (1968), giving the artworks possessor the right to sue for any funds made off the work or an intermittent fine. Ethically Tillers has failed to remain honest and truthful in his actions and will suffer the consequences of not doing so, as well as having to face the legal implications associated, most likely resulting in a decline of reputation and integral outlook when producing future works. Moral rights protect the original artists reputation in order to prevent works from being altered or damaged without permission, regardless if the work has been sold or not.

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It is evident that Imants Tillers did not abide by the legislation laws associated with appropriating Giorgio de Chirico’s oil paint on canvas “The Painter’s Family” when producing his synthetic polymer paint on canvas “Inherited Absolute”. If Tillers did not possess a licensing agreement, then he could be found guilty for committing a number of offenses including failure to comply with the Copyright Act (1968), giving the artworks possessor the right to sue for any funds made off the work or an intermittent fine. Ethically Tillers has failed to remain honest and truthful in his actions and will suffer the consequences of not doing so, as well as having to face the legal implications associated, most likely resulting in a decline of reputation and integral outlook when producing future works. Moral rights protect the original artists reputation in order to prevent works from being altered or damaged without permission, regardless if the work has been sold or not.

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Moral rights were introduced in Australia in 2000, protecting the honour and integrity of the author of the work. There are two main moral rights. The right of attribution ensures that and reproduction of an artwork must acknowledge the original artist, paying homage in the title of the artwork. The right of integrity is the artists right to take legal action if their original artwork has been distorted without their permission or in a way that is prejudicial to the artist reputation.

Originality is the authentic, individual, unique, first and genuine form of something. It is an artists own work which has derived from their own ideas; the first of something.

The Copyright Act (Cth) was passed in 1968 in order to protect the legal rights of the artist in relation to publication, sales and reproduction of their artworks. As a result, under law artists have the right to protect their artworks intellectual property from plagiarism, the unique way an artist has expressed an idea, and that it cannot be reproduced without the artist’s permission. Copyright lasts for the artist’s lifetime, plus 70 year.

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legal and ethical considerations that may occur from Imant Tiller's appropriation of Giorgio de includes the failure to pay homage to the originator (Giorgia de) through not giving them credit in the title of the appropriated work. Tiller can be sued for not following the moral rights which supports the ownership and integrity of Giorgia's artwork.

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moral rights of artists

moral rights are the artists personal and legal rights to protect their work.

-they are attributed as the creator of their artwork.

-their work is not falsely attributed to someone else.

-their work is not used in a away that is prejudicial to their honour or reputation.

originality: the unique way the artist’s work may be new different to that of any other artist.

copyright law

The copyright Act (1963) is a law that lasts for the artist’s lifetime plus 70 years, existing in order to protect the legal rights of all involved. This allows the artist or owner to sue those who do not obey if an infringement occurs, protecting the unique way the the artist has expressed an idea.

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1978-died

tillers appraised - 1972

breaking copy right

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Moral rights: An ethical consideration that must be considered when using another artist’s work. The moral rights of an artist include the right to integrity and the right to attribution. The right to integrity means that if another person’s work is utilised, it must not be altered in a way that could be discriminatory or hurtful to the original creator. The right of attribution means that the original artist must be given credit if their work is appropriated, such as including their name or the work’s name in the new artwork.

Originality: Originality can be defined as a work which is perceived as new or unique to any other artist. It refers to producing one’s own work based on individual ideas and influences. In this case, the artist is seen as the sole creator of the work.

Copyright law: When an artist uses another artist’s work, copyright is a legal obligation that must be considered. Copyright act of 1968, protects forms of creative work whether they are novels, paintings, film or music. Copyright also allows the original creator to make a profit off of their productions. For an artist to use another’s person of work they must be given permission by the copyright owner, unless it is already in the public domain. Copyright lasts for 70 years after the artist’s death.

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Question 4 When an artist
makes a new artwork from another artist’s artwork they engage in a process of
appropriation. The considerations listed below may affect this process. Define
the following terms.  6 marks , 2011 exam

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Question 4 When an artist
makes a new artwork from another artist’s artwork they engage in a process of
appropriation. The considerations listed below may affect this process. Define
the following terms.  6 marks , 2011 exam

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Moral rights

Moral rights are the artists personal and legal rights to protect their work. Enabling them to demand that they are attributed as the creator of the artwork, their work is not falsely attributed to someone else and their work is not used in a way that is prejudicial to their honor or reputation.

originality

The unique way the artists work may be new and different to tht of any other artist.

copyright law

The copyright Act (1963) is a law that lasts for the artist’s lifetime plus 70 years, existing in order to protect the legal rights of all involved. This allows the artist or owner to sue those who do not obey if an infringement occurs, protecting the unique way the the artist has expressed an idea.

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Moral Rights:
The right of a creator to hold ownership and integrity over their own work. When appropriating an artwork the artist using another's work must give credit to the creator otherwise it is in breach of moral rights.

Originality: Creative thinking that employs an individuals ideas. If an individual uses another idea as their own this can be called unoriginal. When appropriating an artwork, the artist must put their own spin on the work and not just reproduce what the originator did. If the artist reproduces the same artwork as the original this is unoriginal.

Copyright law: copyright law protects original artwork, music, writing, film from being used for something it has not be authorised for. It stops creations from being stolen and claimed by people who did not create it.

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Question 4; When an artist makes a new artwork from another artist’s artwork they engage in a process of appropriation. The considerations listed below may affect this process. Define the following terms.

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Question 4; When an artist makes a new artwork from another artist’s artwork they engage in a process of appropriation. The considerations listed below may affect this process. Define the following terms.

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Moral rights;
moral rights are suggested to protect the legal rights and  attribution of the artists own work. This may be seen through the elements of integrity or authorship for the artists to keep their original ideas and final pieces.

Originality;
the quality or state of being original, the freshness of aspects within the design, or style or the power of independent thought or constructive imagination within an artwork

Copy Right Law;
The copyright law of Australia defines the legally enforceable rights of the creators of creative and artistic works under the Australian law. The scope of copyright in Australia is defined in the Australian copyright act. The legislation protects the unique way an artist has expressed an idea, and it is also known as an ‘intellectual property’. Some reasons may include;
*preventing people from claiming other people's works as their own
*

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Moral rights:

Moral rights allows for an artist to say that they are attributed as the creator of their work and that their work is not falsely attributed to someone else. The moral rights protects the artist’s honour and reputation as their works are not allowed to be used in any way that is prejudicial to the artists.

Originality:

Originality is the unique way the artist’s work may be new and different to that of any other artist.

Copyright law:

Copyright is the legislation which exists in order to protect legal rights of an artist or copyright owner in relation to the publication, reproduction and sale of an artwork. The copyright act established in 1968 covers the protection of their artworks for the life of the artist’s lifetime plus 70 years.

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Moral Rights: Refers to rights of the artist, or creator of copyrighted works, and integrity over the work. The rights to attribution of authorships means that if another person wants to use or change the artist's work, it must have permission of the artist, and can not be use in a discriminative way that can be hurtful or prejudicial to their honor or reputation of the artist.

Originality: Refers to a work which has been seen as unique and new. It is defined by creating a work based on the individuals ideas.

Copy Right Law: Refers to the law set in 1968 that exists to protect the legal rights of the artist or copyright owner in relation to the publication, reproduction or sale of an artwork. This law last for the artist lifetime plus 70 years.

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					Question 4

					When an artist makes a new artwork from another artist’s artwork they engage in a process of appropriation.
The considerations listed below may affect this process. Define the following terms. 
		
	
	
		
			
				
					6 marks , 2011 exam

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					Question 4

					When an artist makes a new artwork from another artist’s artwork they engage in a process of appropriation.
The considerations listed below may affect this process. Define the following terms. 
		
	
	
		
			
				
					6 marks , 2011 exam

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moral rights of artists
originality
copyright law

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Lets use this space to practice and develop our writing techniques for Studio Arts Industry Context