A Visit Marred, A Spirit Scarred

Legal Questions and Philosophical Matters

My visit to Palm Springs Art Museum was as delightful as today's was crushing to the spirit. I had returned with Greg to immerse ourselves in what is, even after this morning's setback, a cultural oasis. It became clear that the photography policy is not as straightforward as had seemed to be the case. Today, restrictions which were not apparent on my earlier visit, were placed upon me. I cannot say much about museum policy which is already more liberal than many but I was greatly worried that photographs I had taken on Wednesday and posted innocently might now contravene their regulations. This is no trivial matter in a nation which thrives on litigation. It was impossible to get a clear answer on my visit and I await a reply to an e-mail as it was suggested I write. Since my original alarm I am somewhat placated to see that there already more than 1000 images on Flickr alone.

Whilst I entirely respect the copyright of the artist I feel deeply conflicted. In any portrayal of a work of art, I always detail that work and fully attribute the artist. In creating an image of my own I am creating a new work rather than infringing a copyright. This is very much the case in the light of my preferred techniques. I am acutely conscious that it is difficult, to say the least, to be original in photography especially where a subject is seen in real life by many thousands or even millions of people. Often then, I strive to create a new viewpoint or unusual composition. I love close-ups, tight crops and the use of objects as frames. In a sculpture garden for instance, it is possible to frame a work with part of another. I feel entitled to create these new images as my own and, with proper credit to the original artist(s), why should I not? Copyright is a sensitive issue but all too often it seems to serve only to protect and maximise the income stream of an artist. They don't mind selling postcards and $200 books but, publicly, will protest art over money. I make no money from my creations nor do I, at this stage, want to. I enjoy recognition as of greater value.

I felt criminalised from even the inadvertent risk of copyright infringement and creatively oppressed from the (widespread) enforcement of related rules.