Licenced or Art?

Out of context: Reply #11

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  • mantrakid0

    This is fucking grey area city... what about this:

    'In the case of art, there is something called 'appropriation', wherein any images/elements from popular culture maybe be used to create a work that places it within a different and entirely new context (that is different than it's original/intended context). This is a key aspect to appropriation, and the items used/referenced are popular culture or public domain items; in the case of a Jackie O's photograph, as a private possession of previously unpublished reknown, this would fall outside the realm of appropriation into some sort form of copyright infringement.'

    http://en.wikipedia.org/wiki/App…)

    so is the question hazy based on the difference between something being "artwork" ie a one-off, apparent statement of some kind (however trivial or deep) compared to something being created with the intent to mass produce - ie posters, lunchboxes, tshirts etc.? I think that's what it is.. so basically could you sell one-off tshirts featuring spiderman, as long as you are declaring them as art and not a commercial product?

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