Guide Judging the Image: Art, Value, Law (Transformations)

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Art, value, law - the links between these three terms mark a history of struggle in the cultural scene. Judging the Image extends the cultural turn in legal and criminological studies by interrogating Transformations, thinking through feminism.
Table of contents

Her mother, Elsie, was a hairdresser, who eventually ran her own beauty salon, the Curly Comb, in downtown Newark. She spent a year teaching jazz and African dance to children in a Hispanic community centre and teaching English as a second language. A year later, she got into Rutgers School of Law in Newark. She graduated in , then worked in various state offices and as counsel to the president of the Newark Municipal Council, Mildred C Crump.

Pratt provided legal advice, researched legislation and analysed budgets. It is still a rough area; the lack of a subway stop has kept it from gentrifying at the frantic pace seen in the rest of north Brooklyn. In , a non-profit organisation called the Center for Court Innovation had established a community court in Red Hook, in a building that once housed a Catholic school.

Court Innovation works with jurisdictions to set up new models of courts, tweaks them until they work, and then encourages others to adopt them. The Red Hook court and its judge, Alex Calabrese, dealt with civil, housing and criminal cases — everything except the most serious crimes. The approach, however, was different from that of a traditional court. Instead of jail, most defendants got rapid sanctions aimed at stopping the cycle of people going in and out of jail: Anyone in the neighbourhood, not just criminals, could get these services.

Compliance was monitored with regular urine tests, and it was obligatory for defendants to come back to court often, to discuss their progress.

If they completed the mandate, they stayed out of jail. If they skipped appointments or flunked a drug test, however, they could be given jail sentences that were much longer than the initial sentences they would have received in other courts. As Pratt read the report on Red Hook, she felt a growing excitement. A few months later, Pratt went to Red Hook to see the court in action. Calabrese, a big man whose instinctive mode of interaction is a verbal bear hug, sat at eye level with defendants.

He congratulated them on each victory, no matter how small. He explained things clearly, in plain language. He asked defendants to tell the court how they had ended up there. He quizzed them on their plans for the future.

To what does this term “transformative” refer?

Over the years, Calabrese became famous in Red Hook as the judge who actually went into the public housing buildings when handling housing matters. Calabrese was using what have become the four principles of procedural justice: Defendants find the procedure fairer when they are allowed to state their views. Experimental evidence shows that this is true even when they are allowed to speak only after the judge has announced their decision. No one likes to lose a court case. But people accept losing more willingly if they believe the procedures used to handle their case are fair.

The concept of procedural justice was first formulated by a social psychologist named Tom R Tyler. Entering Columbia University in , Tyler started college at a moment when respect for the law was at a low point. Racial segregation had been outlawed in the US only five years earlier, but was still defiantly enforced in many parts of the south. The US was fighting a war in Vietnam that was widely considered immoral and illegal. The question continued to preoccupy Tyler throughout his time in college.

Unlike other researchers in his field, what interested him was not why people break the law, but why they do not. Even criminals, he noted, follow the law most of the time. Criminal justice systems everywhere run on the assumption that people obey the law because they are afraid of punishment. B Tyler argued that the key factor is legitimacy: In the courts, Tyler argued, legitimacy is created by the perception of fairness.

But while lawyers and judges tend to assume that fairness refers to the outcome of a case, that is generally not what matters most to the people who come before a court. Indeed, this was much more important to defendants in this regard than a favourable outcome. Tyler refined the concept of procedural justice in studies conducted over a long career at Berkeley, New York University and Yale, where he is now a professor in the law school. In the last few months, however, procedural justice has moved near the top of the criminal justice reform agenda.

The catalyst was the shooting of an unarmed black man, Michael Brown , in Ferguson, Missouri in August , and the subsequent decision of a grand jury not to indict the officer who shot him. It was followed by those of Walter Scott , who was shot eight times in the back in South Carolina; and Freddie Gray , who died of spinal injuries in Baltimore.

Those are the widely known victims; there are others, including Tamir Rice , a year-old boy shot in Cleveland when police mistook his toy gun for the real thing. Police abuses and judicial inequity are not new, of course. One reason for this is the rise of smartphones — videographers are now everywhere. White America now knows what black America already knew: There are mass arrests of young men of colour for simply hanging around, courts that harass the poor and hand down long and racially discriminatory sentences for relatively minor offences, and prisons that are seemingly designed to break and alienate inmates.

Although most victims of violent crime are themselves poor people of colour, many people in these communities have come to see the criminal justice system as oppressor, not protector. And that has an enormous cost. Research on procedural justice shows that it can repair relationships between the criminal justice system and the community and, in doing so, reduce crime. After Ferguson, the Obama administration established a task force on 21st-century policing. In May it issued its final recommendations.

First on the list was this: After eight months in traffic court, Pratt learned that she was being assigned to Part Two. At first, it seemed like a punishment: Part Two had the largest volume, the hardest cases and the highest frustration level, as the same defendants came back time after time. But Newark had an ambitious plan for Part Two. Court Innovation, the non-profit that helped set up the Red Hook court, had been working for several years to set up Newark Community Solutions, the agency that would provide alternatives to jail similar to those in Red Hook: But when Pratt moved into Part Two in May , nothing was in place.

There were no services. What she could do on her own was turn to procedural justice.

She could talk to defendants the way Calabrese did. Pratt asked him how long he had been addicted. When he told her he had been addicted for 30 years, Pratt veered into the kind of personal territory that judges do not usually explore. She asked him if he had a family.

The simple idea that could transform US criminal justice

He had one son, who was The man started to cry. Ordinarily, Pratt would have jailed him. He had unpaid fines, warrants for his arrest, and had been skipping out on court appearances. But she took a chance on releasing him, telling him to come back in two weeks. Pratt asked Kelly Mulligan-Brown, a resource coordinator for Newark Community Solutions, to find a treatment programme for him. Pratt did not know if the man would show up, but two weeks later, there he was. She switches back and forth between English and Spanish. She comments on a new hair colour, asks about family members. Pratt applauds at every possible opportunity: When I was there, one man got four rounds of applause.

She sentenced one lethargic young man to do 25 pushups and film it on his phone. But where Calabrese simply read the essays himself, Pratt asks the writers to read them out loud. It is partly practical — bad handwriting — but Pratt believes that knowing that they have to read the essay out loud makes defendants take the exercise more seriously. It made me think about what I would like to be. You sit there and get into something, and it turns into three pages. Come in high, display attitude or miss an appointment, and that side comes out.

One day in April, Pratt saw a defendant who had missed a court date because, she said, she did not have the bus fare. My father used to walk me from East Orange to Newark and back again.

2017 Personality 04/05: Heroic and Shamanic Initiations

Because of the volume of cases, Part Two has its own public defender, who represents people who want an attorney and do not have their own. Does procedural justice get better results than the practices employed in traditional courts? Another important marker is the drastic reduction in arrest warrants that the judge issues for no-shows. Pratt said that in traditional court she would sometimes have to issue dozens of warrants per day.

“Transformative” Instagram images land Prince back in court

Now she is down to three or four per day. An element of selection bias may be at work. As Part Two requires a guilty plea, defendants have to choose to go there. Those who do tend to be the ones who are ready for it. It found that Red Hook saved money — nearly twice as much as it cost to build and run. This did not happen in surrounding precincts. The recidivism findings in Red Hook were a surprise, as the counselling and community-service sentences last only a few days. If these brief interventions were not responsible for the lower recidivism rate, what was? The study found that what mattered most was the attitude of the judge.

Of courts that practise procedural justice, the most comprehensive evidence comes from Red Hook. The National Center for State Courts study contained another unexpected finding. It showed that although Red Hook sent many fewer people to jail than traditional courts, those who were imprisoned served longer sentences — long enough that Red Hook racked up more jail time on average than traditional courts. No one back then could have imagined that rates of violent crime would now be half what they were in The new "generation remix" [15] —who have taken the stages not only of the visual arts, but also of music, literature, dance and film—causes, of course, highly controversial debates.

Media scholars Lawrence Lessig coined in the begin of the s here the term of the remix culture. The new appropriationists will not only realize Joseph Beuys' dictum that everyone is an artist but also "build free societies".

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More critical observers see this as the starting point of a huge problem. If creation is based on nothing more than carefree processes of finding, copying, recombining and manipulating pre-existing media, concepts, forms, names, etc. In view of the limitation of art to references to pre-existing concepts and forms, they foresee endless recompiled and repurposed products. Skeptics call this a culture of recycling with an addiction to the past [18].

Some say that only lazy people who have nothing to say let themselves be inspired by the past in this way. Appropriationism is discussed—in comparison of appropriation forms and concepts of the 20th century which offer new representations of established knowledge [22] —as a kind of "racing standstill", [23] referring to the acceleration of random, uncontrollable operations in highly mobilised, fluid Western societies that are governed more and more by abstract forms of control. Unlimited access to the digital archive of creations and easily feasible digital technologies, as well as the priority of fresh ideas and creative processes over a perfect masterpiece leads to a hyperactive hustle and bustle around the past instead of launching new expeditions into unexplored territory that could give visibility to the forgotten ghosts and ignored phantoms of our common myths and ideologies.

Appropriation art has resulted in contentious copyright issues regarding its validity under copyright law. A number of case-law examples have emerged that investigate the division between transformative works and derivative works. Andy Warhol faced a series of lawsuits from photographers whose work he appropriated and silk-screened. Patricia Caulfield, one such photographer, had taken a picture of flowers for a photography demonstration for a photography magazine.

Without her permission, Warhol covered the walls of Leo Castelli 's New York gallery with his silk-screened reproductions of Caulfield's photograph in After seeing a poster of Warhol's unauthorized reproductions in a bookstore, Caulfield sued Warhol for violating her rights as the copyright owner, and Warhol made a cash settlement out of court. On the other hand, Warhol's famous Campbell's Soup Cans are generally held to be non-infringing of the soup maker's trademark , despite being clearly appropriated, because "the public was unlikely to see the painting as sponsored by the soup company or representing a competing product.

Paintings and soup cans are not in themselves competing products", according to expert trademark lawyer Jerome Gilson. Jeff Koons has also confronted issues of copyright due to his appropriation work see Rogers v. Photographer Art Rogers brought suit against Koons for copyright infringement in Koons' work, String of Puppies sculpturally reproduced Rogers' black-and-white photograph that had appeared on an airport greeting card that Koons had bought.

Though he claimed fair use and parody in his defense, Koons lost the case, partially due to the tremendous success he had as an artist and the manner in which he was portrayed in the media. In October , Koons successfully defended a different work by claiming " fair use ". For a seven-painting commission for the Deutsche Guggenheim Berlin, Koons drew on part of a photograph taken by Andrea Blanch titled Silk Sandals by Gucci and published in the August issue of Allure magazine to illustrate an article on metallic makeup. Koons took the image of the legs and diamond sandals from that photo omitting other background details and used it in his painting Niagara , which also includes three other pairs of women's legs dangling surreally over a landscape of pies and cakes.

In his decision, Judge Louis L. District Court found that Niagara was indeed a "transformative use" of Blanch's photograph. Such use, whether successful or not artistically, is transformative.

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The detail of Blanch's photograph used by Koons is only marginally copyrightable. Blanch has no rights to the Gucci sandals, "perhaps the most striking element of the photograph", the judge wrote. And without the sandals, only a representation of a woman's legs remains—and this was seen as "not sufficiently original to deserve much copyright protection. Hirst was sued for breach of copyright over this sculpture. Hirst created a foot, six-ton enlargement of the Science Set figure, radically changing the perception of the object. Hirst paid an undisclosed sum to two charities, Children Nationwide and the Toy Trust in an out-of-court settlement.

The charitable donation was less than Emms had hoped for. Hirst sold three more copies of his sculpture for similar amounts to the first. Appropriating a familiar object to make an art work can prevent the artist claiming copyright ownership. Jeff Koons threatened to sue a gallery under copyright, claiming that the gallery infringed his proprietary rights by selling bookends in the shape of balloon dogs. Prince had appropriated 40 of Cariou's photos of Rastafari from a book, creating a series of paintings known as Canal Zone.

In March , a judge ruled in favor of Cariou, but Prince and Gargosian appealed on a number of points. Three judges for the U. Court of Appeals upheld the right to an appeal. In November , Chuck Close threatened legal action against computer artist Scott Blake for creating a Photoshop filter that built images out of dissected Chuck Close paintings. In September , U.

Court of Appeals for the Seventh Circuit questioned the Second Circuit's interpretation of the fair use doctrine in the Cariou case. Of particular note, the Seventh Circuit noted that "transformative use" is not one of the four enumerated fair use factors but is, rather, simply part of the first fair use factor which looks to the "purpose and character" of the use.

The Seventh Circuit's critique lends credence to the argument that there is a split among U. In , Andrew Gilden and Timothy Greene published a law review article in The University of Chicago Law Review dissecting the factual similarities and legal differences between the Cariou case and the Salinger v.

Colting case, articulating concerns that judges may be creating a fair use "privilege largely reserved for the rich and famous.

Judging the Image: Art, Value, Law - Alison Young - Google Книги

The following are notable artists known for their use of pre-existing objects or images with little or no transformation applied to them:. From Wikipedia, the free encyclopedia. This article may lack focus or may be about more than one topic. This section needs additional citations for verification.

Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. October Learn how and when to remove this template message. Oxford University Press , Tate Publishing Ltd , pp.


Documents of contemporary art. The most radical gesture: The Situationist International in a postmodern age. London and New York: Essays on Art in the s. A History of Video Art 2nd ed.