Letters to the editor

Afterimage, July-August, 2003 by George Dunbar

I want to thank Donna Tracy for her thoughtful article which raised many interesting and provocative questions ("Digitritus: Virtual Species or Digital Waste," May/June, 2003). The value and ownership of "waste by-products" from film, TV, and digital businesses can present some challenges to the understanding of our copyright laws.

Fortunately, Ms. Tracy indicated that she clearly understood the contract she signed as a "work-for-hire" member of the production staff at a visual effects company. There's no doubt that all the "work product" resulting from such a contract (whether saved or discarded) will be considered owned and "authored" by the employer. Ms. Tracy should consider for a moment her personal attachment to the discards in her own trash bins when she works for herself and obviously owns the copyrights. Who owns her trash? How would she react if I accumulated some of her discarded artwork and incorporated it into my own collage without attribution? I don't expect that most artists are prepared to allow such flagrant use of their creativity. As was pointed out in the article, even Andy Warhol was stung by such carelessness.

It must be remembered that everything found in strangers' trash bins is the work of others. Is it really admirable to appropriate the (copyrighted) work of others to be a successful artist? Permission can be sought if someone else's work is absolutely necessary for inclusion in one's personal "masterpiece." It's unlikely though, that even Ms. Tracy would permit me to use her discards, shards, and throw-aways without compensation.

I was intrigued by the story about the Beastie Boys who used "only three notes" from the music of composer James Newton. Since they won a case initiated by Mr. Newton, Ms. Tracy concluded: "So, if we consider one of the texture fragments I have extracted out of the digital dumpster to be a fragment as minuscule as three notes, I may slip through the copyright infringement net." That may be true but I would expect Ms. Tracy's fragments from a digital dumpster would have more than three elements--probably in the neighbourhood of millions (of bits and bytes). Great care should be taken when comparing musical notes with computer fragments.

As a photographer, the "art" of collage has always bothered me especially if it involves the appropriation of the work of others (without consent). I'm pleased that Donna Tracy had the courage to face this dilemma and write such an interesting article. The issue is even more complex today in regard to the digital revolution in which we find ourselves.

Sincerely,

George Dunbar

Toronto, Canada