StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The History of Marcel Duchamp - Essay Example

Summary
The paper "The History of Marcel Duchamp" tells that Marcel Duchamp drew a moustache on an image of the Mona Lisa that was postcard-sized in 1919. It caused outrage in many quarters, while other people were amused. The question arose whether the act was a piece of art or else was it sacrilege or both…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.7% of users find it useful

Extract of sample "The History of Marcel Duchamp"

Intellectual Property A Discussion of Whether Copyright Law Hinders Creativity Name of Student: Student No: Date: Name of Supervisor: Introduction Marcel Duchamp drew a moustache on an image of Mona Lisa that was postcard sized in 1919. It caused outrage in many quarters, while other people were amused. The question arose whether the act was a piece of art or else was it sacrilege or both. In contemporary society, many people create digital pictures and sounds on the template of existing material and disseminate the product online. Whether this could be called art is a matter of indifference to many. In 1917, Duchamp procured a urinal that was produced by the J L Mott Ironworks in New York. He signed it R. Mutt and availed it to an art gallery. Although the original signed urinal was lost, there were later sold real copies for the price of 1.5 million dollars. The postcard drawing of the Monalisa might have simply been a rendition of Duchamp's own likeness and this means it was not a copy but an original and therefore not part of the parody. There is no record anywhere of anyone suing Duchamp for copyright infringement or design rights1. In 2007 the Chinese government was faced with the prospect of formulating a sensible policy on intellectual property. Some of the questions it had to contend with were the permissibility of parody and spoof which might be mistaken by the uninitiated for the original. The questions of the moral or commercial acceptability of this situation were brought into question2. One of the most critical challenges in contemporary society is disputes on intellectual property between developing and developed countries. One of the issues that arise is the global intellectual property infrastructures as well as intellectual property policies which are said to protect the wealthy rather than the disadvantaged in society3. In the back drop of this, studies on intellectual property laws need not only assess whether both developing and developed countries are utilising IP laws in a way that meets the demands of developed countries and also be improved in order to cater to the needs of developing countries. The speedy dissemination of information as well as technologies to do with communication most especially the internet is bringing about transformation in contemporary society as well as economy. This is a threat to some long standing creative enterprises such as newspapers and causing extreme disruption to others such as the music recording industry4. Others have derived some benefit from the situation, most notably American distribution and devices companies such as Amazon, Apple, Google or Facebook5. The Internet is coming up to its thirty years of existence yet the ICT revolution is not complete6. The Boston Consulting Group is of the opinion that the G-20 group of countries will have an Internet economy worth 4.2 trillion dollars by the year 20167. Universal digitisation is claimed to be worth an extra £63 billion to the GDP of the UK in 20118. McKinsey reports that economic growth in G-8 countries was ten per cent derived from the internet over the 15 years preceding the year 20099. The completion of the Digital Single Market in Europe was critical economically in recent times as was that of the single EU market which represented the prosperity of Europe for a generation10. The growth of internet enabled smart phones which operate at super speeds as well as development of innovation in broadband means that there is circumvention of slower connections connected with fibre in the ground and precipitating inception of products that are competitive. Mobile phones constitute the gateway to the internet in emerging markets as opposed to computers. There is a diminishing minority which however remains significant within Europe and North America who suffer from digital exclusion which means they have irregular access to the internet. This constitutes about 20% of the population11. There are several disadvantages to the Internet such as compromised privacy, the risk of breaching cyber security, illegal sharing of files and uncensored access to unedifying content. However, the majority of governments have concluded that a policy design is required to promote the positive effects of the Internet on creativity and economic growth while taking care of the risks. This paper will attempt to participate in the discussion in an attempt to find the line between the current copyright law and whether it constitutes a threat to continuous creativity and the public access to knowledge, both in developed and developing countries. It will begin with an examination of the various copyright laws as they are outlined in various countries, both developing and developed. It will then look at how these laws are applied and how their utilisation affects the creative process in order to reach a conclusion on whether the laws are detrimental to creativity or not. Historical Context The main manner in which regulation of the creation, distribution and utilisation of knowledge is done is through intellectual property rights. These rights have been globalised and the scope of intellectual property protection expanded which means that those international institutions that deal with issues to do with intellectual property such as the WTO and WIPO have grown in importance. In the nineteen sixties and seventies, developing countries tried to improve the main international conventions which were to do with intellectual property for instance the Berne Convention for the Protection of Literary and Artistic Works (1886) which seeks to protect copyright as well as the Paris Convention on the Protection of Industrial Property (1883). This was done with the aim of increasing the responsiveness of these instruments to the socioeconomic needs of developing countries as pertains to availability of educational material, technology and scientific knowledge12. However these attempts at reforms did not have the desired effect and they increasingly have become irrelevant to the needs of these countries. When the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) from the WTO concluded in 1994, many of the concerns held by developing countries were brought to the fore, since it signified a crucial development in the process of bolstering the intellectual property rights globally. New rules were internationalised by TRIPS which is key to the better distribution of knowledge for instance extending patent protection for pharmaceuticals as well as copyright protection of computer software13. There were also minimum standards established in order to enforce intellectual property rights which were placed within the WTO dispute resolution mechanisms. These mechanisms could be employed in case of noncompliance which differs from the situation with WIPO in which there was a dearth of existing intellectual property agreements14. Knowledge may have always been important to the fabric of human society but in contemporary times there has been a shift in the prominence of knowledge as well known economists and social theorists attempt to prove that it has come to a new significance. They also seek to pinpoint when this alleged transformation occurred and what the meaning is15. Looked at from an economic viewpoint, knowledge is important due to its technological potential and how it affects growth and productivity. Capitalism was said to rely on technological dynamism according to Karl Marx and Joseph Schumpeter16. However, the role that knowledge plays remained unacknowledged in the neoclassical paradigm until Robert Solow did a study in the 1950s. Solow proposed a relationship between economic growth and knowledge stating that the larger proportions of benefits accrued in early twentieth century productivity in America is due to technical change as opposed to labour or capital. This was known as residual17. This residual proposed by Solow came to be known as a plethora of gains in knowledge which include the innovative machines of the time such as tractors to management techniques such as Fordism which streamlined processes to run more efficiently18. Conventional economists soon began to claim that not only was knowledge important but crucial as well for economic growth. They proposed that the most developed economies in the world were becoming more knowledge-intensive. The manner in which the economy of the United States changed in the nineteen sixties was noted by Fritz Machlup and he noted that it was marked by a rise in the proportion of knowledge-producing labour represented in the labour market19. At the beginning of the twentieth century for instance, 33% of the labour force in the US was engaged in the service industry. Eighty years later, this had increased to 70%20. This trend was not confined to the US but was common to all developed nations in which agricultural and to a smaller extent industrial work were steadily being replaced by jobs in information technology, education, finance and culture21. There was a shift in the most productive element of the economy from industrial to information-processing which included such sectors as marketing, software, biotechnology and financial services22. Intellectual Property Framework Academic research carried out on the intellectual property issues that China is known for concentrates on the piracy problems. It has been reported with pride by Chinese media outlets that China has made great strides towards achieving WTO standards as well as the requirements of TRIPs. The delay occasioned by intellectual property issues to accession to the WTO upsets even ordinary citizens23. According to the Report of the Commission on Intellectual Property Rights(UK,2002) we are still a long way from achieving the goal of utilising intellectual property laws to assist global reduction in poverty, fight disease, improve maternal and child care and promote access to education as well as contribute to the sustainable development of developing nations24. Current intellectual property regimes have several deficiencies. According to Graham Dutfield and Uma Suthersanen, a common problem is 'overprotection' of intellectual property owners25. It seems as though the balance is done and has been replaced by a feeding frenzy according to Lawrence Lessig who is an academic lawyer26. This results in an interest imbalance between developing and developed countries. This is worsened by the fact that the TRIPs Agreement was formulated with the interests of the U.S. Economy in mind as well as other developed countries to a lesser extent27. The question then becomes whether the TRIPs Agreements and policies on intellectual property in the developed nations can benefit developing countries. There is an economic argument that should developing countries generate intellectual property protection that is more robust, they could garner a greater connection to globalisation processes28. This poses a challenge because there is no critical examination of current international intellectual property regimes in the premise that if the developing countries comply they will be admitted into the global market. It does this without querying whether developing countries are able to afford the sort of intellectual property protection required to satisfy developed countries and whether this bargain is worth the return of access to the global market that is controlled by developed countries29. What the main issue is that the IP standards of protection that are appropriate for developed countries may be financially unfeasible for developing countries30. The contemporary creative sector is reliant upon digital technologies at its core31. Search engines, social networks as well as other digital platforms assist in the generation of new products and services with the help of highly creative talent which includes users32. There are also several 'digitally native' organisations that are intimately embedded into the creative industries value chains which indicate that their real home is the creative sector33. Since these digital creative activities are included in the framework of creative economy there is a question raised on why the existing DCMS definitions are preoccupied only with businesses that create and make use of intellectual property. Intellectual property is at the core of value addition in the creative sector but key elements of the creative sectors utilise business models which do not directly rely on intellectual property exploitation for instance, online advertising34. Industries such as fashion design and advertising have illustrated that they thrive on competitive strategies even before the advent of the digital revolution. These strategies include first mover advantage in which there is a less obvious role played by intellectual property35. Conclusion As has been observed from the report, there is an imbalance in the applicability of intellectual property rights when it comes to comparison between developing and developed countries. The IP agreements that are utilised in the market were made with developed countries in mind and therefore present something of a disadvantage to other nations. China especially has suffered with a reputation for copyright infringement and because of the struggle to comply with regulations from WTO and WIPO this situation might be detrimental to developing countries if regulations are not reformed. References Advertising Association/Deloitte (2013) Advertising Association/Deloitte (2013) ‘Advertising Pays: How advertising fuels the UK economy.’ See: http://www.adassoc.org.uk/pdfs/AdvAss_Advertising_Pays_Report.pdf (last accessed 29th June 2013). Bell, Daniel. The Coming of Post-Industrial Society (New York: Basic Books, 1973), p. 129. Beniger, James R. The Control Revolution: Technological and Economic Origins of the Booz and Co. (2013), ‘The Digital Future of Creative UK’. See: http://www.booz.com/global/home/what-we-think/reports-white-papers/article-display/digital-future-creative-uk (last accessed 29th June 2013). Boston Consulting Group. (2012). ‘The Connected World: The Digital Manifesto: How Companies and Countries Can Win in the Digital Economy.’ Boston. BCG. https://www.bcgperspectives.com/content/articles/growth_innovation_connected_world_ digital_manifesto/ (last accessed 29th June 2013). Brynjolfsson, E. and McAfee, A. (2011) ‘Race Against the Machine.’ Digital Frontier Press; Arthur, W.B. (2011) The second economy. ‘McKinsey Quarterly.’ See: http://www.mckinseyquarterly.com/The_second_economy_2853. (last accessed 29th June 2013). Commission on Intellectual Property Rights (UK), Integrating Intellectual Property Rights and Development Policy – Report of the Commission on Intellectual Property Rights, London September 2002, at 1. (Hereafter, Report 2002) Online at: (last visited: 29th June 2013). Copenhagen Economics (2010) ‘The Economic Impact of a European Digital Single Market.’ Final Report. Copenhagen: Copenhagen Economics. See: http://www.epc.eu/dsm/2/Study_by_Copenhagen.pdf (last accessed 29th June 2013). Cox, C. and Jenkins, J. (2005) ‘Between the Seams, A Fertile Commons: An Overview of the Relationship Between Fashion and Intellectual Property.’ USC Annenberg School for Communications. The Norman Lear Centre Conference. See: http://learcenter.org/pdf/RTSJenkinsCox.pdf (last accessed 11 April 2013). Dutfield Graham M. & Suthersanen, Uma “The Innovation Dilemma: Intellectual Property and the Historical Legacy of Cumulative Creativity”, 4 I.P.Q. 379 (2004), p. 421. Endeshaw, Assafa “The Paradox of Intellectual Property Lawmaking in the New Millennium: Feudalism: Who Owns the Knowledge Economy?, London: Earthscan, 2002. Fitzgerald, Brian, Fuping Gao, Damien O'Brien, Sampsung Xiaoxiang Shi, “Copyright Law, Digital Content And the Internet In The Asia-Pacific c” Sydney University Press, NSW 2006 Australia (2008). Garnham, N. (2005) From Cultural to Creative Industries: An analysis of the implications of the ‘creative industries’ approach to arts and media policymaking in the United Kingdom. ‘International Journal of Cultural Policy.’ 11(1). Krikorian, Gaëlle and Kapczynski, Amy “access to knowledge in the age of intellectual property” Zone Books, New York (2010). Lessig, Lawrence “The Problem with Patents”, Industry Standard, 23rd April 1999. Online at: (last visited: 29th June 2013). Manuel Castells, The Rise of the Network Society, 2nd ed. (Oxford: Blackwell, 2000), pp. 169–72. Machlup, Fritz. The Production and Distribution of Knowledge in the United States (Princeton, The Rise of the Network Society, pp. 212–31. Maskus, Keith E. Intellectual Property Rights in the Global Economy, Washington DC: Institute for International Economics, 2000, p. 4 McKinsey (2011) ‘Internet matters: The Net’s sweeping impact on growth, jobs and prosperity.’ McKinsey Global Institute. Naughton, J.“Disruptive innovation is what the Internet was designed to foster.” (2012) ‘From Gutenberg to Zuckerberg: what you really need to know about the Internet.’ London: Quercus. NJ: Princeton University Press, 1962), p. 9. Ofcom (2012) ‘Communications Market Report 2010.’ London: Ofcom. Available from: http://stakeholders.ofcom.org.uk/market-data-research/market-data/communications-market-reports/cmr12/uk/ (last accessed 29th June 2013). Potts, J., Cunningham, S., Hartley, J. and Ormerod, P. (2008) Social network markets: A new definition of the creative industries. ‘Journal of Cultural Economics.’ 32(3):167-185 Ramsey L.P. (2006) ‘Intellectual Property Rights in Advertising.’ 12 Mich. Telecomm. Tech. L. Rev. 189. See: http://www.mttlr.org/voltwelve/ramsey.pdf (last accessed 29th June 2013). Scherer, F. M. New Perspectives on Economic Growth and Technological Innovation (Washington, D.C.: Brookings Institution Press, 1999), pp. 25–28. Sell, Susan K. Private Power, Public Law: the Globalization of Intellectual Property Rights, Cambridge: Cambridge University Press. 2003, p. 2. Peter Drahos with John Braithwaite, Information Shao, Ke, “What May Validate Intellectual Property in a Traditional Chinese Mind? Examining the U.S.-China IP Disputes through a Historical Inquiry ” Queen Mary Intellectual Property Research Institute, University of London (2007). Startup Genome/Telefonica Digital (2012) ‘Startup Ecosystem Report 2012 Part One.’ See: http://cdn2.blog.digital.telefonica.com.s3.amazonaws.com/wp-content/uploads/2013/01/Startup-Eco_14012013.pdf (last accessed 29th June 2013). Universal Templates as Terms of Surrender for Non-Industrial Nations; Piracy as an Offshoot”, 10 Cardozo J. Int'l& Comp. L. 47 (2002), p. 74 Read More

CHECK THESE SAMPLES OF The History of Marcel Duchamp

Contemporary Communication

This paper ''Contemporary Communication'' tells that In marcel duchamp's paintings The Bride Stripped Bare by Her Bachelors, even [The Large Glass], how the artist creates meaning in the works through the combination of visual and conceptual aspects can be seen as an example of the importance of critical methodology.... The way duchamp transfers the meanings of his philosophy of art to the audience is characteristic of an approach to social semiotics that views art as communication between subjectivities, with the object as a focal point for the transference to occur....
9 Pages (2250 words) Essay

Art Reflection

If we trace the history of art, we will see that this has been more or less true through the ages.... If we trace the history of art, we will see that this has been more or less true through the ages.... In this context, Michelangelo's ‘David' (1501-04) and marcel duchamp's ‘Nude Descending a Staircase' (1912) signified movements in art form that were ahead of their time.... duchamp: A Biography.... Coming to marcel Duchamps ‘Nude Descending a Staircase' (1912), the artist was a known follower of the Cubist and Futurist movements and was also inspired by Dadaist and Surrealist influences....
2 Pages (500 words) Essay

Marcel Duchamp Prefigure Walter Benjamin's Thesis

The purpose of this essay is to analyze in what ways did the work of marcel duchamp prefigure Walter Benjamin's thesis in The Work of Art in the Age of Mechanical Reproduction.... In this paper, the ways in which the work of marcel duchamp prefigures Walter Benjamin's thesis in his essay shall be analyzed.... This paper explores marcel duchamp in the context of Walter Benjamin's thesis.... The essay "marcel duchamp Prefigure Walter Benjamin's Thesis" explores Walter Benjamin's thesis and marcel duchamp....
9 Pages (2250 words) Essay

Alfred Stieglitz's Photograph of Marcel Duchamp's Fountain

This paper discovers Alfred Stieglitz's photograph of marcel duchamp's Fountain art work.... The paper analyzes photograph of marcel duchamp's Fountain art work by Alfred Stieglitz.... The paper "Alfred Stieglitz's Photograph of marcel duchamp's Fountain" focuses on analysis and research about Alfred Stieglitz's photograph of marcel duchamp's Fountain art work.... duchamp's Fountain is one of the most controversial objects in modern art's history....
9 Pages (2250 words) Term Paper

Spectatorship and Duchamp

This work called "Spectatorship and duchamp" describes the effect of duchamp's vision, the peculiarities of his pictures.... From this work, it is clear that duchamp builds personal cosmologies through the symbols that express his fundamental views of primal dualities, and modes of perception.... The way duchamp transfers the meanings of his own voyeurism to the audience is characteristic of an approach to spectatorship that views art as communication between subjectivities, with the object as a focal point for the transference to occur....
7 Pages (1750 words) Coursework

Art History: Marcel Duchamp

The essay is an analysis of some of the famous works of marcel duchamp, a great controversial French artist who lived in New York.... There are photographs of marcel duchamp's work at the end of this text.... he Fountain was one of marcel duchamp's famous arts.... marcel duchamp was the first modern artist who shifted the entire basis of the work of art towards the conceptual and away from the traditional focus on medium and composition....
12 Pages (3000 words) Research Paper

Duchamp as a Pioneer of Ready-Mades

"duchamp as a Pioneer of Ready-Mades" paper states that duchamp sought to shift from the retinal art promoted by other artists to conceptual art that would involve the mental capacities of the audience.... In order to develop the ready-mades, duchamp focused on identifying manufactured objects and then embarked on a modification procedure.... In some cases, duchamp only repositioned the objects chosen and signed them.... However, duchamp defined ready-mades in art as ordinary objects chosen by an artist and modified to a level of having the dignity of artwork....
7 Pages (1750 words) Coursework

Marcel Duchamp and Fine Art

This essay "marcel duchamp and Fine Art" discusses marcel duchamp who is accredited for introducing the concept of readymades in the field of art.... A good example is marcel duchamp's urinal entitled the fountain.... marcel duchamp challenged popular notions during his time about what art really is, and who decides what good art is.... According to duchamp, a readymade can be defined as an everyday functional household item that has either been chosen to stand alone as a sculpture....
6 Pages (1500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us