Copyright & Art

2005 ◽  
Vol 6 (12) ◽  
pp. 1762-1776
Author(s):  
Eberhard Ortland ◽  
Reinold Schmücker
Keyword(s):  
Conceptual Structure ◽  
Artistic Production ◽  
Works Of Art ◽  
The Impact ◽  
Aesthetic Concepts ◽  
Neighbouring Rights

What is the impact of copyright(and neighbouring rights)on art— on the conditions for artistic production as well as on other art-related practices in modern societies like trading, conserving, exhibiting, performing, reproducing and distributing works of art or reproductions thereof in various media? And what is the particular relevance of art (and of aesthetic concepts, or theories of art) for copyright? Why should the dogmatics of copyright be concerned with aesthetics at all, and what function do aesthetic concepts fulfil in the conceptual structure of copyright and in the context of its legitimization?

scholarly journals An Autocatalytic Network Model of Conceptual Change

2021 ◽  
Author(s):  
Liane Gabora ◽  
Nicole Beckage
Keyword(s):  
Conceptual Change ◽  
Process Model ◽  
Mental Representations ◽  
Pretend Play ◽  
Conceptual Structure ◽  
Earth Model ◽  
Order Effects ◽  
Abstract Thought ◽  
New Information ◽  
The Impact

Reflexively Autocatalytic Foodset-generated (RAF) networks have been used to model the origins of evolutionary processes, both biological (the origin of life) and cultural (the origin of cumulative innovation). The RAF approach tags conceptual shifts with their source, making it uniquely suited to modelling how new ideas grow out of currently available knowledge, studying order effects, and tracking conceptual trajectories within (and across) individuals. Using RAF networks, we develop a step-by-step process model of conceptual change (i.e., the process by which a child becomes an active participant in cultural evolution), focusing on childrens’ mental models of the shape of the earth. Using results from (Vosniadou & Brewer, 1992), we model different trajectories from the flat earth model to the spherical earth model, as well as the impact of other factors, such as pretend play, on cognitive development. As RAFs increase in size and number, they begin to merge and form a maxRAF that bridges previously compartmentalized knowledge. The expanding maxRAF constrains and enables the scaffolding of new conceptual structure. Once most conceptual structure is subsumed by the maxRAF, the child can reliably frame new knowledge and experiences in terms of previous knowledge and experiences, and engage in recursive representational redescription, or abstract thought, at which point the conceptual network becomes a self-organizing structure. The approach distinguishes between mental representations acquired through social learning or individual learning (of existing information), and mental representations obtained through abstract thought (resulting in the generation of new information). We suggest that individual differences in reliance on these information sources culminates in different kinds of conceptual networks and concomitant learning trajectories. These differences may be amplified by differences in the proclivity to spontaneously tailor one’s mode of thought to the situation one is in by modulating the degree of divergence (versus convergence), abstractness (versus concreteness), and context-specificity. We discuss a potential role for the approach in the development of an overarching framework that integrates evolutionary and developmental approaches to cognition.

Multidimensional Scaling as a Method for Probing the Conceptual Structure of State Categories: An Individual Differences Analysis

1987 ◽  
Vol 31 (1) ◽  
pp. 107-111 ◽  
Author(s):  
Monica C. Zubritzky ◽  
Bruce G. Coury
Keyword(s):  
Individual Differences ◽  
Multidimensional Scaling ◽  
Control Systems ◽  
Conceptual Models ◽  
Conceptual Structure ◽  
Individual Performance ◽  
Classification Task ◽  
System State ◽  
System Data ◽  
The Impact

Identifying the underlying decision criteria used by operators to classify system state, and revealing the way in which that information is internally represented is one of the challenges facing designers of control systems. This paper describes the use of multidimensional scaling (MDS) to probe the structure and composition of the internal conceptual models used by operators to identify system state. Specifically, the issue of individual differences in mental model is addressed, as well as the impact of these differences on individual performance in a classification task. Twenty subjects were trained as operators to classify instances of system data into one of four system state categories. After training, subjects were asked to rate the similarity between instances of system state. Results showed that the dominant dimensions used by an individual are related to his/her performance on the classification task.

The French Counter-Reformation

2014 ◽  
Vol 94 (1) ◽  
pp. 22-49
Author(s):  
Philippa Woodcock
Keyword(s):  
Local Factors ◽  
Archival Material ◽  
Parish Church ◽  
Works Of Art ◽  
Counter Reformation ◽  
Rural World ◽  
The Impact ◽  
Catholic Reform

This article discusses the redecoration of the rural French parish church in the French diocese of Le Mans from 1620–1688. Scholars have argued that the diocese’s prolific commissions of terracotta statues and retables represented the impact of the Council of Trent’s drive to educate the clergy and instill in them a sense of connoisseurship; the clergy led the diocese as patrons. Yet, these works of art are also quite particular to the region, suggesting that other factors were responsible for their proliferation. This article examines the statues and retable of St-Léonard-des-Bois, commissioned in c. 1630 and 1684. Using previously unavailable archival material, it proposes two new patrons for these commissions, and reconsiders the motives for clerical and secular leadership in this rural parish. It demonstrates that the rural world was not isolated and it is significant that both patrons came from beyond the parish. The article evaluates the influence upon the statues and retable of the centralising ‘Counter-Reformation’ and local factors such as geography, regional traditions, and local events. It argues that the rural Counter-Reformation had a paradoxical identity. It belonged to wider currents in Catholic Reform, and in the case of St-Léonard, was driven by two patrons determined to create a new position for themselves. However, as both of these commissions were accepted by the church’s fabrique, it is evident that subject choices persistently reflected older traditions, and images responded to very local circumstances.

scholarly journals PSYCHOLOGICAL ASPECTS OF SALVADOR DALÍ'S PERSONALITY AND CREATIVE PROCESS

2020 ◽  
Vol 6 (1) ◽  
pp. 175-186
Author(s):  
Oksana Samoshchuk ◽  
Keyword(s):  
Civil War ◽  
Personality Traits ◽  
Creative Process ◽  
Psychological Trauma ◽  
Psychological Aspects ◽  
Childhood And Adolescence ◽  
Works Of Art ◽  
Real Objects ◽  
Creative Products ◽  
The Impact

The article is devoted to the study of the psychological aspects of Salvador Dalí’s personality and creative process. Based on the analyzed data taken from cultural and historical conditions of the artist's life, as well as from biographical, autobiographical facts and works of art, the following groups of factors were found that influenced both the psychological characteristics and elements of the artist's creative products. The group of macro factors includes geographical, in particular the tendency to portray the landscape, where the artist lived, as the background image in his paintings; global events (the image of the Civil War was used in the painting "Soft Construction with Boiled Beans: Premonition of Civil War" (1936)). Micro factors include two subcategories: close social environment and personal events. The death of the elder brother had seemingly an intense influence on artist's personality and creativity that led to the development of guilt in the parents who treated Dalí in a special way, as their second and only son. This situation formed a sense of permissiveness and uniqueness that, becoming Dalí’s fixed personality traits, were manifested in art: the widespread use of free associations and a surrealistic approach in paintings. Freud's ideas had an exceptional influence on Salvador Dalí, and led to the development of a unique method in his works of art - a paranoid-critical method that allows mixing real objects in paintings with the fantastic ones. It is worth noting the influence of two strong childhood emotional impressions that have signs of psychological trauma: contemplation of the decomposition process of a hedgehog’s corpse and entomophobia of grasshoppers. These two events formed individual images that the artist often used in his surrealist paintings. Therefore, based on these facts we can talk about the existence of a certain mechanism that transform the image of psychological trauma into a permanent element of creativity. The results of the study showed the presence of the following Dalí’s main personality traits: shyness (especially in childhood and adolescence), narcissistic personality type, alienation and closed nature, ambition and the desire for recognition. Thus, it can be argued that there is a certain mechanism in the creative process that transforms the formed psychological traumas and phobias into stable symbolic elements of creative products. The consistent effect of certain events in a life on personality structure was established and, accordingly, the impact of such events on a choice of a certain style in creativity was revealed.

Die Sachmängelhaftung nach neuem Schuldrecht am Beispiel des Kunstkaufs

2019 ◽  
Author(s):  
Sabine Olbrich
Keyword(s):  
German Law ◽  
Case Law ◽  
Research Literature ◽  
Legal Regulations ◽  
Works Of Art ◽  
The Right ◽  
The Impact

This book provides jurists interested in the right of purchase of art with a thorough investigation of art warranty under the German law of obligations, which fully takes account of the relevant jurisprudence and research literature in this regard. Art warranty has always been based more on case law than on legal statutes, with German courts frequently focusing on the desired result rather than on accurate dogmatic foundations. Based on the reform of the German law of obligations, this thesis depicts the problems that have been solved in this regard, unfolds remaining issues and offers valuable solutions. With legal regulations now built upon the sale of unascertained goods instead of determinate obligations, this study illustrates the impact of this model change using the example of purchasing works of art—outlining all the relevant court rulings from ‘Beltracchi’ and ‘Buddha sculptures’ to ‘Banksy’.

scholarly journals ART AND COMMUNICATION AS A NOVEL EXPERIENCE IN MODERN CULTURE

ARHE ◽  
2020 ◽  
Vol 26 (32) ◽  
pp. 141-167
Author(s):  
KOSTAS THEOLOGOU ◽  
YOULI RAPTI ◽  
PETER FETTNER ◽  
YOULI PAPAIOANNOU
Keyword(s):  
Mass Media ◽  
Mass Culture ◽  
Walter Benjamin ◽  
Critical Role ◽  
Digital Culture ◽  
Jürgen Habermas ◽  
Modern Culture ◽  
Jurgen Habermas ◽  
Works Of Art ◽  
The Impact

In this paper we discuss the deadlocks of defining art in modern culture. The lack of criteria and modernism revisited are of crucial issue in this account. The theoretical mainframe of our approach is founded on the Frankfurt School thinkers (Max Horkheimer, Theodor Adorno, Walter Benjamin), and of course Jürgen Habermas. This theoretical apparatus also draws on contemporary accounts given by Sorbonne Professor Marc Jimenez and art critic John A. Walker.[1] The paper discusses whether fine art may survive, in what forms – and to what purpose – in an age of mass media and in conditions of rapid networked communication. The paper sets off from the critical role radical art plays in today’s divided yet global world and on the continuing debates between high art and low culture, but reflects on the interaction between art, media and technology. To support our argument we suggest Body Art and other web/digital and technological applications in art, and the cyber-art currently being produced for the internet. The paper acknowledges the numerous interactions between art and culture in a postmodern pluralistic world, and draws from the vast range of contemporary works of art to illustrate and to criticize theoretical points. The true test of theory in aesthetics is their application to particular cases. When a theory shows limitations in such an application, we gain clues as to what theoretical adjustments or innovations are called for to accommodate today’s works. The introductory part of the essay comprehensively surveys recent debates on works of art, mass culture and society, and their socio-philosophical significance. The main discussion refers to the work of Walter Benjamin and Jürgen Habermas, aptly commented on by Marc Jimenez;[2] after exploring the complex relationships between culture and art as it’s reflected in that work, the argument provides an account of the 1980s political turn in aesthetics and explicates the impact of new communication technologies in modern culture. The narration is enhanced by specific examples of works of art in the era of mass media, web and digital culture, and underlines both the styles’ pluralism and the variety of parameters affecting the interaction between art and mass media communication. Critical findings and suggestions for further research conclude the paper.   [1] Marc Jimenez, Qu’est-ce que l’esthétique, Paris: Gallimard, 1997; John A. Walker, Art in the Age of Mass Media, London: Pluto, 2001. [2] Jimenez, Ibid.

Photochemistry and cultural heritage. What is the impact of light on works of art?

2011 ◽  
pp. 256-284 ◽  
Author(s):  
Aldo Romani ◽  
Catia Clementi ◽  
Costanza Miliani ◽  
Gianna Favaro
Keyword(s):  
Cultural Heritage ◽  
Works Of Art ◽  
The Impact

Brushes, Burins, and Flesh

2016 ◽  
Vol 134 (1) ◽  
pp. 1-28
Author(s):  
Aaron M. Hyman
Keyword(s):  
Early Modern ◽  
Power Relations ◽  
Modern Art ◽  
Art Making ◽  
Artistic Production ◽  
Works Of Art ◽  
The Erotic

This essay examines the erotic works produced collaboratively by members of Karel van Mander’s so-called “Haarlem Academy” to suggest that early modern art making created a space in which slippages could occur between homosocial relationships and homoerotic practices. Hierarchical power relations inherent to collaboration, and to early-modern precursors to formalized academies, facilitated these dynamics because they structurally replicated essential conditions of homoerotic relationships. In turn, the piece proposes ways in which formal readings of works coupled with the interrogation of collaborative artistic production can help explore how works of art do more than index homoerotic relationships and, instead, instantiate them.

Caves and cave art

2019 ◽  
Vol 6 (4) ◽  
pp. 100-105
Author(s):  
Gurcan Gurgen
Keyword(s):  
Carbonate Rocks ◽  
Raw Materials ◽  
Thinking Skills ◽  
Structural Features ◽  
Climatic Conditions ◽  
Thought Style ◽  
Works Of Art ◽  
The Masses ◽  
The Impact ◽  
Cave Art

This paper aims to discuss the impact and importance of the karstic caves, which are effective on the emergence and development of cave art and the rocks that generate them. The origin of cave traces to 40 thousand years and the creation of many more works of art and the importance of the rocks to the present day is very important. In particular, carbonate rocks such as limestone and marble became important spaces and raw materials in terms of art history and development. Carbonate deposits placed in the large ocean bowls during geological periods have been elevated and altered land during orogenesis periods. The fact that the carbonate rocks are soluble due to environmental conditions has led to the formation of a large number of caves depending on the size and distribution of the masses forming them. These karstic caves, which constitute a significant part of the caves in the world, have been the habitat of old people for almost 1-1.5 million years. The caves have been very important shelters for life, which became difficult due to the cold climatic conditions during the glacial periods, which were effective during the last 2 million years (Pleistocene). Under the challenging conditions of the Paleolithic period, human societies have tried to survive on the one hand and, on the other hand, achieved their symbolic thinking skills with their developing brain capacities 100,000 years ago. In the following period, the human communities that continued to develop have left very important ruins, which dates back to 40-10 thousand years ago and are regarded as works of art. Structural features of the caves and the rocks forming them are of great importance in the emergence of these works, which are interesting in their techniques as well as their thought style. Karst caves are very suitable for processing in terms of scraping, embossing and various painting techniques depending on the mineral structure of limestone. Besides, since these caves are difficult to access and are prevented from external dangers and risks, they are of great importance for the emergence of this art and reaching to the present day.   Keywords: Cave, Karstic rock, Cave art

Testing the Boundaries of Ekphrasis: Lucian on the Hall

Ramus ◽  
2002 ◽  
Vol 31 (1-2) ◽  
pp. 126-135 ◽  
Author(s):  
Zahra Newby
Keyword(s):  
Early Morning ◽  
Works Of Art ◽  
The Face ◽  
The Impact ◽  
The Relationship ◽  
Proper Response

Picture yourself in a beautiful room, flooded with early morning light. It has a lofty ceiling, delicately gilded and glinting in the sunshine. The walls are adorned with paintings, in colour and detail as bright as Spring. What is one to do in the face of such beauty? Stand mute, gazing in wonder, or articulate the impact of the visual, rival it even, in words?This is the question posed by Lucian's On the Hall, a rhetorical introduction or prolalia, probably written between 160 and 180 CE. The piece is framed as a debate about the merits of speaking in beautiful surroundings. While the first speaker confidently asserts that it is both desirable and beneficial to give oratorical displays within impressive surroundings, a second speaker, who only appears in chapter 14, suggests that such surroundings will instead overpower the speaker and distract his audience. Yet the debate does not only question whether beautiful surroundings help or hinder the epideictic orator. It also asks what the proper response of an educated man should be to visual beauty, and problematises the relationship between the visual and the verbal. While many of Lucian's other works give descriptions of works of art, or appeal to the reader's artistic knowledge, this essay puts the ekphrastic project itself in the spotlight, questioning whether words can ever truly compete with the impact of the visual.

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