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I have encountered confusion from the public regarding the correct meaning of the term “an
original” regarding art. To find the definition which I consider accurate, we must look at the root word of the
term...“origin.” This means: (A) source, or (B) beginning. Another word referring to the same root word is “originator”
This means creator, inventor, maker or author. I have known since high school that when doing a painting from another
artist’s image, whether copying someone else's photo or artwork, that the artwork can not be considered an original.
For, in order to be an original, you have to be the source of the concept, the design, and of the actual work...or “original
in concept, design, and execution.”...in which all the respectable fine art fairs insist upon. Copying someone
else’s art is plagiarism, and therefore it would not be an original. Even if someone copies another
artist's artwork, but makes some changes so that it would be “unique,” it would not be considered an
original. So being "unique" does not make an original, and an original does not have to be unique. If "not
unique" meant "not original," then I could make any piece of art in museums "not original," simply by painting another one
myself. Webster’s dictionary also defines the noun “original,” as “any work composed
firsthand.” So, if the artist is the only source of the work, then it is “an original.” That is the
correct definition for art, (which is a noun,) and if an artist makes a piece of art that truly fits this definition,
it would be erroneous for anyone to refer to it as “not an original.” While it is true that
one can look up the word "original" and find that the adjective definitions of “original” can mean first, or
also unique; a piece of art can be an original (Noun) without being first, or unique, (Adjectives.) A second attempt
is still an original, even though it may not be first or unique, as long as it is a genuine example of the artist’s
work. The noun is not the same as the adjective. Just like a green orange is still an orange (Noun) even though it is not
orange (Adjective.) In fact, one adjective definition contradicts the other, for the word “first” implies several,
and so “not unique.” Also...fine art prints; (not to be confused with “mechanical reproductions,”
which are not originals) such as lithographs, etchings, relief-prints and screen-prints, when done as a numbered edition,
are still lawfully and correctly deemed “originals.” Because, according to “Art Law”
The Guide for Collectors, Investors, Dealers and Artists, 2nd Ed. by The Practicing Law Institute, if the artist is solely
responsible for creating, designing and applying the image, or has only incidental assistance, “the fine print
should undoubtedly be deemed original.” If an original truly had to be unique, this law wouldn't be so, and if an
original had to be the first, only the first of the numbered edition could be an original. But this is not so for the entire
edition is made up of “multiple originals,” a term that would not exist if originals had to unique, for it would
be an oxymoron. But originals don’t have to be “unique,” and hence, can be multiples.
I believe that if an artist had only one chance to be original, the world would be devoid
of masterpieces that could be labeled “original.” Because the sketches and thumbnail studies done “first,”
vital to perfecting his ideas would be “the original,” and then the masterwork would be “not original”
anymore. I think this idea is wrong, for the masterpiece has the most work put into it, and it is the artist’s sole
involvement and work that make it an original of his, and thus its value. It is in fact impossible for well planned art to
be the first attempt...for the planning always precedes it. When an artist creates something, it is his goal and right
to pursue his idea to its fullest potential, just like an author has the right to proofread his own writings. It would be
unfair to say that an artist has only one attempt to get his ideas down, for the first effort at something is never the best.
Compositions, like mine, take planning. Mozart wouldn't be expected to sit down at the piano and churn out a symphany
on the very first playing...and niether should a painter. It takes multiple efforts to make a masterpiece in any art
form, or with any idea. Thomas Edison's first (original) lightbuld didn't work. If he said to himself, "...well,
I can't do another one or it wouldn't be an original idea anymore"....then we would still be in the dark. Although
there can only be one “first”, first is a relative thing. A “second attempt” of an artist’s
original concept is still an original painting. A second version results from the artist’s need and right
to improve and grow. And even for the definition as unique, an improved painting is obviously different than a previous, lesser
painting, because it has to be different to be “improved.” I have never done two paintings exactly alike.
To the common observer, two pieces may be the same...but I am very particular about my art, and very observant...so much
so that the differences between two paintings will be like night and day to me. The value of one’s art is
not decreased, but increased, by further development of his ideas. For if the artist only makes imperfect first attempts,
there are no valuable masterworks, and so the artist would be less known and all his work less valued. And the first
attempts would be less valued, for they didn‘t lead to anything great or come from the artist known for creating the
masterworks. So the buyer of art from an artist should want that particular artist to create art of the highest caliber,
even if it means that they have a painting that was later improved on another attempt. It is selfish for the collector
to say, "I want the only one!"...and in fact hurtful to themselves to expect the artist to not improve...for the art
they have will be more valued if the artist's work becomes masterful. An artist has the opportunity to
only make a limited number of paintings in his lifetime, and this limitation is all the buyer is entitled to when they
buy original art, for if the artist can’t make his art the best way he can, then the artist and the
public has been cheated. If Vincent VanGogh paints sunflowers with his own hand, it is an original Vincent VanGogh painting.
Some people think that if they purchase that painting that he couldn’t have done another one and call it an original.
But unless or until the artist sells or waives the copyright, it is still the artist's right, and only his right to use his
images as much as he wishes. What they bought was the labor and the results of that specific and particular labor...the work...or
that painting. So if Vincent VanGogh paints another painting of sunflowers similar to it, it is, again, an original
Vicent VanGogh painting. The value of owning an original piece of art from an artist is that that specific person did the
work involved in creating it, not that it is unique. To say that no one else can own another is a myth, and is stepping on
the rights of the artist to use his own original ideas and images. Another example of the usage of the word original
is regarding autographs. If Michael Jordan signs his own name, it is considered “an original” signature. It would
be absurd to say that he has to sign his name differently each time for it to be an original, as it also would be absurd to
say that only the first time he ever signed his name is the only original. But if someone else signs Michael Jordan’s
name like he does, it is a “fake” and “not an original” because it didn’t come from him...it
has to be “from him” to be an original. It is the same for art.
I feel it is part of my job as an artist with high ethics to insist on the truth
and to debunk the popular myths regarding this matter. Art that is an original does not have to be “one-of-a-kind”
a common and unfair misconception that hinders artistic progress and growth, and also justifies illegal art. Nor does it have
to be the first to be an original...for this negates the very artistic process neccessary for the artist to work
towards achieving a goal for his ideas. What “an original” does mean, is that the artist is the source of
the art from start to finish; an independent creation of the artist; a work composed firsthand; or an authentic example of
the artist’s work. It is to the benefit of both artist and collector to understand these facts. Thank you.
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| This is an original Van Gogh painting |
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| This also is an original Van Gogh painting |
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| Preliminary painting by George Seurat |
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| Grand Masterpiece by George Seurat |
ART LAW...What is an "Original" Print
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Both of these paintings were done by Vincent Van Gogh. I do not know which one was done first, but that is irrelevent
to the value. They were each done in the same year...and each obviously were done from the same scene, most likely
from the same sketch. The fact that there is two similar pieces should have no bearing on the value of the pieces as original
Van Gogh paintings...which both are valued quite highly as. They are in two separate collections. If Van Gogh
were to be told that they are not original, or that only one, (the first of the two,) was the only one that could be called
original, Van Gogh would be and should be upset. And if the collector of the first of the two were to tell
the collector of the second of the two, that theirs wasn't an original for they had the first one, and then the collector
of the second were to tell anybody that Van Gogh cheated them in any way, Van Gogh would be mislabeled, for Van Gogh
knows that they are both genuine examples of his work, and therefore original. Van Gogh, as the artist, can do
and redo the use of his own designs as often as he feels necessary, which he did. If an artist is told that he can't
do that out of concern for the collectors feelings, because the collector feels he should have the only one, then it
is the collector that decides that art can't be made by the artist. The artist, however, is, and should
be, the one who decides how he creates and develops his own art.
If you are still not convinced, consider these two pieces done by the artist George Seaurat. He spent years
doing many preliminary studies to develop and perfect his designs to his liking. The result is probably the most famous
and valuable piece of art ever created in the past two hundred years. Is it the first of its kind?...no, for the studies
vital to it's creation came first. Is it still an original?... Yes...even though it is not the first, nor the only
attempt. Does he devalue his art by making multiple attempts? ...of course not! His art is much more valuable
because of his meticulously well-planned masterworks, for it gave him greater success as an artist. And the greater
success an artist has, the more valuable all of his work becomes. All artists should give themselves the freedom to
do just what Seaurat did, and all collectors should want artists to do the same...for the art from such an artist will be
better, more successful, and therefore, more valuable than if the artist only makes imperfect first attempts.
click here to e-mail Bruce Bodden
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