3. Who is responsible for clearing the copyright to elements borrowed from another work?

Artists have long copied, reproduced and appropriated past and contemporary works for educational, commercial and other purposes, and in the age of digital reproduction, borrowing is all the more frequent. However, copyright laws demand that artists secure the right to use borrowed material. Consequently, when acquiring media art, museums should take the precaution of verifying with the artist (or artist’s representative/estate) that all rights have been cleared. If this has not been done, the acquirer becomes legally responsible.

Example: Through a Looking Glass (1999), Douglas Gordon

Through a Looking Glass, a double-screen video installation by Douglas Gordon, is part of the permanent collection of the Solomon R. Guggenheim Museum, New York. The film clip projected on both screens is the famous “You talkin’ to me?” scene from Martin Scorsese’s Taxi Driver, where Travis Bickle, played by the young Robert De Niro, confronts himself in a mirror. To avoid copyright infringement, the artist obtained a licence to use the footage from Columbia Pictures, the production company.

This installation is an example of appropriation art, which quotes, references or recycles images, sounds, concepts, etc. from consumer/popular culture or art history. Some appropriation artists take copyright laws into account, while others unwittingly or deliberately breach them. Given the growing incidence of appropriation in recent decades, museums must be aware of copyright issues and vigilant in ensuring that the works they acquire or exhibit are in compliance.