See Art, Steal Art?


Below we have a situation where a painter appears to have appropriated the work of a photographer to create his “own” version of the photographed content. For photographs, the angle, the composition, the lighting, and the other creative elements captured on film are subject to protection. Has the painter taken these things from the photographer?

And remember, folks, you cannot take the creative expression of a work by transferring it to another medium.

- Scott A. Burroughs, Esq. ( [email protected] )



Quoted from the artist “STUNTKID’S”  FB page

“Walking around Art Basel, this weekend I came across a few pieces in the Scope show that looked pretty familiar. There was a sampling of 3 pieces presented by the Robert Fontaine Gallery all by the same artist. I recognized my photography in two of them and the third was a copy of my good friend Marie Killen’s photo. When i got home a quick google search reveled that nearly his entire body of work was comprised of other peoples photography. No credits were given, though that wouldn’t have put the artist in the clear. Josafat Miranda hadn’t bothered to change the composition or content in any appreciable way, even though that too would not have put him in the clear.

For me, photography was a hobby, something i did for fun. But it was art. These weren’t candids, they were carefully composed, edited photos. The model traveled, did her makeup and helped style the shoot. Put simply, it was a collaborative artistic endeavor by me and the model Tracy P

Marie Killen is a wildly talented photographer living in North Carolina. Photography is her passion and craft and she does it extremely well. In my opinion she’s one of the best photographers in her genre. Her shoots require far more work and planning than mine ever did. She’s developed, through hard work and practice, a recognizable style.

What Josafat Miranda has done here reveals a total disrespect for photography as an art form. He’s quickly and with very little creative altercation, harvesting the yield of someone else’s hard work. What makes a painting strong, isn’t just the brush strokes and the rendering method, more, much more, than that is the composition, the subject matter and the hundreds of creative decisions that go into making an original piece of art.”

Josafat Miranda

Marie Killen:

Is this plagarism? you be the judge! the discussion started here



Leave a Reply