Intellectual property issues and profit disparities for viral social media “stars” @ SxSW

thumbnail_ImP x SxSW Facebook cover promo graphics SIMONE

Join me and this extraordinary panel of experts, Michael D. Armstrong (Viacom), Devin Johnson (Uninterrupted), and panel organizer, Simone Bresi-Ando (I’mPOSSIBLE) at SxSW on Tuesday March 14th at 11 AM: Gentrifying Genius: Urban Creators Stripped Bare.

The panel will explore themes around The Fader’s article: “Black Teens Are Breaking The Internet And Seeing None Of The Profits” in a solutions-focused manner that will not only discuss the ecosystem that maintains the inequalities but also ways to protect and monetize their creative genius on social media.

Simone Bresi-Ando of I’mPOSSIBLE explains:

Black and brown youth are missing out on fruitful and ultimately life changing opportunities and rewards from their intellectual property which remains wildly popular but unpaid and uncredited.

Intellectual Property and Social Media

thumbnail_ImP x SxSW 2017 panelist promo INSTAGRAM graphic PROF TONYA EVANSI will adjust the frame of reference by explaining what intellectual property is, how rights are created, what rights creators control and what they give up when they opt-in to social media platforms, and how creators of color, in particular, can better navigate disparities in what I call the “post-to-profit” pipeline.

This disparity, of course, is not new. Similar misappropriation pervades America’s history with creators of color. In the cinematic suspense phenomenon Get Out, Jordan Peele goes a step further beyond cultural appropriation to examine the ultimate misappropriation of black bodies themselves, genius and all.

This will be a rich, engaging, dynamic conversation. Hope to see you there!

Rachel Dolezal’s art: infringement, plagiarism, or fair appropriation of Turner’s work?

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Rachel Dolezal’s art: infringement, plagiarism, or fair appropriation of Turner’s work? by Professor Tonya M. Evans, Esq. is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

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The country is, unfortunately, transfixed on and fascinated and/or otherwise perplexed by the former NAACP Spokane Chapter president Rachel Dolezal controversy surrounding her declarations that she is black. Her statements and assertions include misrepresenting on the Chapter’s Facebook Page a black man as her father when, in fact, both of her parents are white.

Dolezal's art blog headshot.
Dolezal’s art blog headshot.

My interest in Dolezal’s story is not in the racial identity and misrepresentation morass. I’ll leave that to the Twitterverse (#RachelDolezal #AskRachel) and media. But the recent copyright infringement question about the origins of some of her artwork caught my eye.

As HuffingtonPost arts writer Priscilla Frank reported today, Dolezal, … is also an award-winning Mixed Media Artist, according to her art blog. But questions have been raised about whether Dolezal actually created all of her artwork or whether she misappropriated, in at least one instance, the work of another and presented it as her own.

Infringement? No. But there is a strong argument for plagiarism. Review the images and explanations below to understand why and share your thoughts about the issue.

The bio posted at Dolezal’s art blog reads:

“Rachel Dolezal is an award-winning Mixed Media Artist with over 20 exhibitions in 13 states, internationally, and at the United Nations Headquarters. Dolezal completed her Master of Fine Arts at Howard University, where she majored in experimental studio and minored in sculpture. She has over 10 years experience in community development, human rights education, and intercultural negotiations. She is currently an Art Instructor at North Idaho College, Adjunct Professor of African American Culture at Eastern Washington University, Advisor for the NIC Black Student Association, speaker, education consultant, and exhibiting artist.”

A Comparison of the Works

Below is the image under scrutiny that Dolezal claims as her original, copyrighted work:

8_Dolezal_R

Great piece–the second panel of a three-panel work–until someone like Twitter user Jolie Adams schools you on the noted and notable artwork of Joseph Mallord William Turner (English, 1775–1851).

Below is Turner’s “Slave Ship”:

JMW_SlaveShip

Twitter critic, Jolie Adams, created a side-by-side on Twitter in this post

In my humble opinion, they appear nearly identical. Dolezal’s work seems to be a tighter POV of Turner’s painting, with de minimis modifications of color and tone. Commenters knowledgeable about Turner’s work immediately questioned Dolezal’s claims that she created the work presumably without “inspiration”.

Dolezal_The Shape of our Kind_comments

But this isn’t a case of copyright infringement. And here’s why.

Continue reading “Rachel Dolezal’s art: infringement, plagiarism, or fair appropriation of Turner’s work?”

Berklee College of Music explores just what “public performance” means in the age of ubiquitous music in @TheMBJ

“All the world’s a stage,” wrote Shakespeare in As You Like It, and he said as much in other plays. The public performance of creative works, including the work of songwriters, has to be seen in that context today. The advent of the Internet and digital technologies has blurred the lines of demarcation between public and private places, placing an undue burden on those experiencing or performing copyrighted works as to when a particular performance of a work necessitates obtaining a public performance license from the copyright holder.”

Read more: The Music Business Journal, “Copyright in Public Places” by Brian Oliver