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?”

Evans quoted in “The Atlantic” article about lack of fact-checking in pub industry

Searching for Facts vs. Fiction - Magnifying GlassTo verify or not to verify; THAT is the question asked in an insightful and well-written article by Kate Newman titled “Book Publishing, Not Fact-Checking.”

Newman begins the article by stating “[r]eaders might think nonfiction books are the most reliable media sources there are. But accuracy scandals haven’t reformed an industry that faces no big repercussions for errors.”

Newman quoted me in the article to capture my perspective on why manuscripts should be vetted. I described the process I subjected client manuscripts to when I was in full-time practice. 

Newman makes an important and keen observation in her article: “[r]eliance on books creates a weak link in the chain of media accuracy.” she went on to say:

Fact-checking dates back to the founding of Time in 1923, and has a strong tradition at places like Mother Jones and The New Yorker. (The Atlantic checks every article in print.) But it’s becoming less and less common even in the magazine world. Silverman suggests this is in part due to the Internet and the drive for quick content production. “Fact-checkers don’t increase content production,” he said. “Arguably, they slow it.”

What many readers don’t realize is that fact-checking has never been standard practice in the book-publishing world at all.

Read the full article “Book Publishing, Not Fact-Checking” by Kate Newman at TheAtlantic.com.

Amazon’s Plagiarism Problem

“Amazon’s erotica section isn’t just rife with tales of lust, incest, violence and straight-up kink. It’s also a hotbed of masked merchants profiting from copyright infringement. And even with anti-piracy legislation looming, Amazon doesn’t appear too eager to stop the forbidden author-on-author action.”

Read more about Amazon’s Plagiarism Problem at MSNBC