EDUCATION KIT

HOW TO USE THIS

EDUCATION RESOURCE
This resource is intended to be used as a starting
point for teachers and senior students to explore
the exhibition. The questions and activities have
been designed to address a broad range of study
design and curricula. It is suggested that teachers
use this resource as a basis for their own exhibition
response worksheets or as a launching pad for
further investigation.

PRE-VISIT PLANNING
Before visiting it is suggested that you contact
gallery staff to determine the following:
Suitability of exhibition content for the year level
you wish to bring
Whether staff members are available for guided
tours or introductory talks
Opening hours, admission fees, tour charges,
parking arrangements
Additional in-house guidelines for education/
group tours
Monash Gallery of Art

photo: Stephanie Richter

MONASH GALLERY OF ART

MGA is recognised as one of Australias key
public galleries promoting excellence, access and
education within the visual arts. Specialising in
Australian photography, MGA produces exhibitions,
programs and publications that enable audiences to
access and engage with photography.
You can find us online in lots of places!
website:
www.mga.org.au
facebook:
www.tinyurl.com/monashgallery
flickr:
http://www.flickr.com/photos/

monash_gallery_of_art/sets
vimeo:
http://vimeo.com/channels/
mgaaustralianphotography
*NEW* MGA Education on Pinterest:
http://www.pinterest.com/mga_education

Monash Gallery of Art

photo: Katie Tremschnig

EDUCATION KIT CONTENTS // PAGE NUMBER

4
5
6
7
7
7
8
9
10
PRESERVATION & CONSERVATION: TOOLS AND MATERIALS 12
PRESERVATION & CONSERVATION: CASE STUDY 13
OWNERSHIP, COPYRIGHT & APPROPRIATION IN AFTERGLOW 14
RESOURCES & REFERENCES 17

MONASH GALLERY OF ART: A COLLECTION OF AUSTRALIAN PHOTOGRAPHY

A PUBLIC GALLERY: FUNDING & SPONSORSHIP
MONASH GALLERY OF ART: COLLECTION STORAGE
A SOLANDER BOX: HISTORY & CHARACTERISTICS
MOUNTING WORKS
FRAMING WORKS FOR DISPLAY: TEMPORARY FRAME
TAKING CARE OF OUR COLLECTION: CLIMATE & ENVIRONMENTAL CONTROLS
CONDITION REPORTS: HOW & WHY
HOW TO: UNDERSTANDING WALL TEXTS & LABELS

MONASH GALLERY OF ART:

A COLLECTION OF AUSTRALIAN PHOTOGRAPHY
The MGA collection has its genesis in the late 1970s with the Waverley City Gallery, an initiative of the former City
of Waverley Council. The Waverley Art Gallery was conceived as a place to display Australian and International
art, and the municipal collection was very broad in its focus, encompassing paintings, photographs, prints and
textiles. Initially, the collection was housed in a residential home in Mount Waverley, before relocating to the
purpose-built, Harry Seidler-designed Exhibitions Gallery on Jells Rd, Wheelers Hill in 1990.
In 1980 an Acquisition Committee was formed to assess and develop the Waverley Art Collection, and in 1984
they resolved to establish a special collection of Australian photography within the broader collection. Today,
the collection numbers more than 2000 photographs, reflecting the history and development of Australian
photographic practice from the 19th century to today. The collection is diverse and includes many iconic images
and the work of photographers recognised as nationally significant. It has a number of areas of particular interest,
including:

photographs by and of Indigenous people

documentary photography
avant-garde photography in Australia, including abstraction, experimentation and
performance photography
portraits of significant Australians, especially artists
.
Here are some examples from the MGA Collection:

David MOORE Migrants Arriving in Sydney 1966

MGA1990.14

Tony ALBERT Optimisim #3 2008

MGA2009.81

JW LINDT Unknown c1880-1890

MGA1989.41

Max DUPAIN Sunbaker 1937

MGA1980.04

Anne ZAHALKA The Sunbather #2 1989

MGA1997.26

Pat BRASSINGTON Untitled IX 2002

MGA2011.011

A PUBLIC GALLERY:
FUNDING & SPONSORSHIP
MGA is recognised as one of Australias key public galleries promoting excellence, access and education within
the visual arts. Specialising in Australian photography, MGA produces exhibitions, programs and publications that
enable audiences to access and engage with photography.
The National Association for the Visual Arts (NAVA) defines a public gallery or publicly funded gallery as A not-forprofit gallery that receives a major proportion of its funding from state, federal or local government sources
and is committed to collecting, conserving, presenting and/or promoting art, craft and design in the public
interest.1 MGA is a facility of the City of Monash, who provides us with 50% of our funding and is dedicated to
collecting, preserving, presenting and promoting Australian Photography.
Sponsorship can be sought for many aspects of a cultural institutions activities, including: naming rights to
exhibition spaces or places, education programs and individual events; individual exhibitions; specific purchases
for the collection; framing of works within the collection; alcohol, beverages and food the list goes on! There are
two main forms of sponsorship: direct financial assistance and in-kind support.
Direct financial assistance has become increasingly difficult for institutions to attract, companies in particular
are more likely to make a contribution if they see some benefit to themselves or their product in the exercise,
for example creating a positive image within the community. Companies that are approached to sponsor an
institutions program are presented with a sponsorship proposal. This provides them with information about the
gallery, its exhibition policy, collection and acquisition policy and outlines what the company will receive in return
for their sponsorship. MGA receives direct sponsorship from a number of public and private funding bodies as
well as commercial businesses including: the City of Monash, Arts Victoria, Wilbow Group, the MGA Foundation
and Friends of MGA Inc.
In-kind support usually involves the donation of goods or services by companies. For example MGA purchases
alcohol for events from a winery at a reduced rate. Competitions provide other avenues for in-kind sponsorship
where the donating company provides a prize (e.g. weekend package at a local health spa) knowing that the
winner will utilise their service. MGA also accepts artworks by donation if they fit within the acquisition policy.
In exchange for sponsorship of either kind, Monash Gallery of Art offers sponsors corporate identification
e.g. display of their logo on a variety of publications and formats across publicity material which is widely
disseminated throughout the local Monash community and the broader arts and general community and not
forgetting inside the Gallery itself.

 Monash Gallery of Art

photos: Katie Tremschnig

MONASH GALLERY OF ART:

COLLECTION STORAGE

Racks for framed works (left) and shelves of solander boxes (right) in the Collection Storage Room at MGA.

At MGA, works in our collection are stored in one of two ways: either the works are matted and stored inside
solander boxes or they are matted and framed and stored in their frames permanently, hanging upright on racks.
Deciding which works are stored framed and which are stored in solander boxes is the job of our Gallery Technician/
Collections Registrar. Things to consider are: scale (the size of the work), delicate areas that could be easily damaged
by storing the work with others, or works that have loose pieces/collaged elements, considerations of the artists
intention (how they want it to look when displayed) and environmental concerns.

SIMILARITIES AND DIFFERENCES

Framed work
is protected from air, dust and insects
is exposed to light when the room is entered
can be hung on a wall straight away
takes up a large amount of space for each work
extra-protection of loose edges and delicate areas
appropriate for large works
vertical storage can stress the works over time
appropriate for face-mounted works and works
on substrates other than paper (eg. aluminimum)

Unframed work/ work stored in Solander Boxes

is protected from air, dust and insects
is not exposed to light when the room is entered,
only when the box is opened
must be framed for display
saves space as can hold up to 16 works per box
loose edges and delicate areas are accessible
not appropriate for large works
not appropriate for works that must remain upright
Solander boxes are for works on paper, not other
substrates such as heavy and easily scratched
aluminium for example

A SOLANDER BOX:
HISTORY & CHARACTERISTICS
1

Daniel SOLANDER (1733-1782) was a Librarian and Botanist, born in

Sweden he travelled to England in 1760. Whilst working as Assistant
Librarian at the British Museum he is credited with the construction of
the clam-shell style box in order to protect manuscripts, maps and other
precious works on paper in their collection. In 1768 he was employed by
botanist Joseph Banks as an assistant for his first journey with James Cook
abord the Endeavour into the great unknown Pacific Ocean, whos first
landing place was Australia. On their return in 1771 he returned to the
British Museum attaining the posts of Keeper of Printed Books and Keeper
of the Natural History Department in his career, whilst remaining Banks
secretary and personal librarian.
Typically a Solander box is constructed from wood or heavy card for
strength, which is then covered in cloth and sealed to prevent moisture
damage. It has a hinged lid and high lips on the edges of the box to prevent
dust and bugs gaining access to the inside of the box. All materials should
be acid-free, meaning that the paper that lines the box is either made from
cotton-rags or if made from wood-pulp it has had the acid removed and an
alkaline additive included. The walls of the box are thick for strength and
also to aid in keeping the temperature and humidity stable.

MOUNTING WORKS

1
Acid free tape is used to attach
the work to the matt board using a
T-hinge. The hinge is named for the
shaped formed by the tape:
tape
photograph
matt board

tape underneath
is attached to the
back of the work
sticky-side-up

Linen tape is used for the matt hinge,

as it is strong enough to withstand
opening and closing repeatedly
over time.
Photo corners are used to hold the
bottom-edge of the work flat
and secure

Works are stored in Solander boxes after they have been mounted to matt
board, see diagram above for how we mount photographs at MGA. The
front window mount and backboard of the mount are hinged together to
avoid movement and damage to the work. A piece of acid-free tissue paper
is placed between the photographic image and the front window-board for
extra protection. Up to sixteen works can be stored in each box.

FRAMING WORKS FOR DISPLAY:

TEMPORARY FRAME

When works that are stored in Solander boxes are needed for display,
they are framed by MGAs conservation framer. We use what is called a
temporary frame as the work needs to be able to be easily removed so it
can return to the box again for storage.
First the mounted work is placed into the frame, then a piece of papercoated polystyrene board is placed on top (foam-core), which acts as
protection and padding.

Four pressure-clips are slotted into the corners to keep the work in place.

From the front the frame looks no different to any permanent frame you
see on the wall, it is just the four clips on the back that are different. If this
was a permanent frame, the backing board would have been secured by
flat pins and taped into the frame around all the edges.
MGA uses acrylic-sheets (perspex) for our glazing, not glass. This is for
one main reason: the safety of the work (glass can shatter and scratch the
work). Added reasons are: it is lighter than glass - a positive for large works
and it has extra UV-blocking properties. Negatives are that it is difficult to
look after: it scratches easily, it is very expensive, you cannot use regular
glass cleaners as they destroy the plastic and make it cloudy, and it builds
static electricity as you walk past it on the wall. For this last reason pastel
or charcoal works on paper should not be framed with acrylic.

TAKING CARE OF OUR COLLECTION:

CLIMATE & ENVIRONMENTAL CONTROLS
As custodians of a significant public collection, MGA is dedicated to preserving and conserving the photographic works in its
collection to Australian and International standards. There are many factors that influence and change the way works are
preserved, from changes in technology (e.g. changing properties of paper and ink in inkjet prints through scientific testing) through
to the artists intention (e.g. temporary or ephemeral works designed to degrade over time) they all play a part. At MGA the major
concern day-to-day is that of environmental damage. Environmental enemies in an art gallery include: light (visible and nonvisible); moisture and humidity; extreme changes in temperature; dirt, dust and insects and most importantly people!

LIGHT
Light affects most materials and is especially damaging to works on paper (including photographs), textiles and dyes. You must
also keep in mind that chemical photography, by its nature, is sensitive to light. Light causes objects to fade. Light-related damage
can be caused by both the intensity of light and also the length of time something is exposed to light. As well as causing fading,
UV light can induce damaging chemical reactions within the structure of some materials. This is particularly the case with plastics
and acidic paper whose degradation is accelerated by UV light. Light and UV levels are measured by a light meter or luxometer.
Lux (lumen/square metre) is a measurement of light, with 1 lux = 1 candle light. Ultraviolet light (UV) is measured in microwatts
per lumen (w/lumen). The amount of UV light will depend on the light source being used. Generally speaking daylight has a high
UV component, halogen and fluorescent lights have a substantial UV component while tungsten and incandescent lights have
virtually no UV.
The recommended lighting levels for exhibitions adhered to in Australian Public Galleries are:
up to 50 lux for textiles, original photographs, printed paper, watercolours and paintings on bark; with UV levels of up to 30
microwatts per lumen.
up to 200 lux for oil and acrylic paintings; with UV levels of up to 75 microwatts per lumen.
up to 300 lux for objects made of ceramic, glass or stone.
Windows in the gallery space are covered by UV filters and blocked by curtains to avoid unnecessary light reaching the artworks.
Photography is not allowed in MGAs exhibition spaces to protect artwork from the bright light emitted by flashbulbs and to avoid
copyright infringement.

TEMPERATURE AND RELATIVE HUMIDITY

High temperatures and variations in humidity are detrimental to artworks because they speed up the ageing process and can
cause harmful changes to the condition of the object e.g. Bowing, cockling, foxing, swelling, corrosion and help spread of mould.
Consistency of temperature and humidity is crucial during an exhibition and during storage of works. The same temperature
and humidity must be maintained 24 hours a day, 7 days a week in the exhibition and storage areas. Consequently MGAs air
conditioning runs day and night not just during visiting hours.

Hormone
trap for
moths

WHAT IS RELATIVE HUMIDITY?

Relative humidity is the amount of moisture held in the air of a given temperature,
relative to the maximum amount of moisture that air at that temperature can hold;
this is expressed as a percentage (%RH). High humidity will lead to mould growth,
corrosion of metals, cockling of paper and encourages insect activity. Low humidity
will lead to the drying out, shrinkage and splitting of organic materials (such as bark,
ivory, wood and leather).
the recommended temperature level for galleries is 20C (+/- 2C)
the recommended relative humidity range for photographs is 3050%RH
(galleries must select a level within this range). MGA sets its relative humidity at
45%RH (+/- 5%RH) A hygrothermograph is used to measure the relative humidity and
temperature in the galleries and collection storage areas at MGA. Digital data-loggers
also exist within the climate-control system.

INSECTS
The insects of most concern to MGA are moths, as they cause irreversible damage to
photographs as they hatch, eating all around them - the gelatin in gelatin silver print
is a particular favourite! MGA has monthly pest control checks and uses moth traps
and other chemical-free insect inhibitors in the galleries and collection storage. The
cafe can also pose a risk of rodents and ants. Due to the food stored there, traps are
placed in the food storage areas. We try to avoid chemicals wherever possible as it can
pose a risk to the artworks and the people in the galleries.

CONDITION REPORTS:
HOW & WHY

Monitoring the condition of works over time is one very important part of managing a
collection. There are a number of ways that this is achieved, the most common and straightforward way is to use hard-copy condition reports, such as those seen below. The earlier
any damage is noticed, the more likely it is that it can be repaired or at least stopped from
increasing or spreading to other works stored with the work in question.

In addition to the two pages below, galleries may choose to include a third page with a diagram of the work in question, so that
specific areas of concern or new damage can be noted directly on a reproduction of the work, making the location of the damage
very clear to the next person who checks the work.

NOT APPLICABLE (N/A): all categories must be

commented on. If they are left blank, as it will look as
though they have not been checked. By writing N/A this
indicates the work has been checked and no issue found.

INSTALLATION INSTRUCTIONS: can include lighting levels

or display instructions for the host insitution e.g. this
image is part two and must be displayed to the right of
work one etc...

DEPARTURE & ARRIVAL

When a work travels to another venue (or is on loan to MGA),
we use these forms to record the condition of the work when
it departs MGA, when it arrives at the next venue, when it
leaves that venue, and so-on until it finally returns to MGA.

HOW TO:
UNDERSTANDING WALL TEXTS & LABELS

artist NAME, with

surname in capitals
for clarity and instant
recognition

WHERE THE ARTIST WAS BORN AND DATE, if not Australia this
will also list when they arrived or worked here, and will also list
a date of death if applicable eg. Born England 1938, arrived
Australia 1960, died Australia 1988

Sue FORD

Australia 19432009
artwork TITLE
in bold

artwork
MEDIUM, always
lowercase with
no brand-names
eg. chromogenic
print not c-type

Margaret with Emma, Redcliffs,

Queensland 1971

artwork DATE
(when produced),
if it is a re-print
it will say 1975,
printed 2009

gelatin silver print

Monash Gallery of Art, City of Monash Collection
acquired 1982
1983.02

WHO OWNS
THE WORK/
collection
details

HOW THE WORK CAME INTO OUR COLLECTION

and the date, other common acquisition types can
include: purchased 2008; purchased with the
assistance of the Friends of MGA 2008; acquired
2008
ACCESSION NUMBER (to bring a work into the collection is to accession
it) this number acts like a barcode and helps us identify different works. If
for some reason to the work is destroyed or removed from the collection
(deaccessioned) the number is retired, it is not re-used.
2008.100.a-d
2008 = year accessioned
100 = 100th work accessioned that year
a-d = four parts to the artwork, each one labelled a through d

HOW TO:
UNDERSTANDING WALL TEXTS & LABELS

Sue FORD

Australia 19432009

Sue, 1964 1964

Sue, 1974 1974
two gelatin silver prints, printed 1974
collection: National Gallery of Australia, Canberra
gift of the Philip Morris Arts Grant 1982
83.2272, 83.2284

COMPARE THESE TWO LABELS TO THE ONE OPPOSITE:

Look carefully at the titles, dates and owners of these works. What do the differences tell us
about the works, and why is this important?

Sue FORD

Australia 19432009

Self-portrait with camera (19602006)

2008
10 chromogenic prints
2 chromogenic prints, printed 2011
7 gelatin silver prints
6 dye diffusion prints
22 selenium toned gelatin silver prints, printed 2011
collection: Sue Ford Archive

11

PRESERVATION & CONSERVATION:

TOOLS AND MATERIALS

8
9

10

4
6

1 Microspatula, stainless steel coated with non-stick teflon: can be used for lifting, separating or touching sticky areas as well
2
3
4
5
6
7
8
9
10

as applying adhesive, as it will not stick.

Plastic spatula: for lifting edges or rubbing

Tweezers: with a very fine tip

Mechanical pencil
Microspatula: stainless steel
Tissue paper: used for covering the work between steps, to avoid light damage and dust
Leather weight: wrapped in plastic to keep clean, filled with lead shot pellets, used for holding works in place
Nitrile gloves: powder-free, smooth surface to avoid catching on delicate areas, enhanced grip and dexterity
Cotton gloves: white unbleached cotton, avoids acid transferring from skin to photographic materials
Thin, gold-tipped flat tweezers: bent for sliding under paper to lift edges

Also used:
Tape/adhesive: Water-based acrylic adhesive pressure sensitive tape
Scissors: for cutting tape
Paper-faced polystyrene boards (Foam-core)
Museum grade matt board (mount board)
HINGE TYPES EXPLAINED: EXPANDED CROSS-SECTION VIEW
Pass-through hinge

V hinge

Circular hinge

artwork
tape

matt board

tape

2 x polystyrene boards sandwiched together for strength

Flattened view

PRESERVATION & CONSERVATION:

CASE STUDY
ARTWORK DETAILS:

Juan DAVILA born Chile 1946 arrived Australia 1974

Piet 1984 acrylic and collage on two silver dye bleach prints 274.0 x 208.5 cm
Monash Gallery of Art, City of Monash Collection 1995.01
Artwork reproduction Juan Davila, Courtesy of the artist and Kalli Rolfe Contemporary Art

Purchased in 1995, this work has been shown once at MGA in 1997,
where it was pinned to the gallery wall. It has since been stored rolled
in a tube due to its size. The aim for this conservation project was to
stabilise the collaged areas and to attach the work to mount-board so that
it could be framed for display and storage. MGA sought advice from one of
Australias leading experts on the preservation of silver dye bleach prints,
Pip Morrison, Conservator, Photographs, National Gallery of Victoria.

First the work was unrolled, condition reported and then covered by tissue
paper and weighted overnight to flatten. The areas of most concern on
this artwork is where the artist has painted, burned and collaged everyday
items to the print itself. The collaged items range from cigarette butts to
tissues and make the work very fragile and difficult to display safely. The
work is made up of two photographic prints that overlap in the centre when
displayed. One of the first jobs was to decide on the best places to join the
work together.

Cockling
The wrinkling of the work that you can see in this photo is called cockling
and usually occurs if parts of the artwork have dried unevenly. This area on
both prints is where the artist has collaged and painted on top of the work.
It is important that this area is gently flattened and items secured before
continuing the mounting of the works. The cockling cannot be removed
completely without damaging the work.

Once the cockled and collaged areas were secure and left overnight
with weights, it was time to attach the rest of the work to the matt board.
Because of the scale (size) of the work, it is very heavy to hang and to
ensure its safety the work was adhered to the board with pressuresensitive tape at regular intervals (approx. every 30cm) along all sides of
each print. Two techniques were used: pass-through hinge (edges) and
v-hinge (centre) to adhere the tape to the work and the matt board.

A pass-through hinge is created by cutting small slits in the mount-board

backing for the tape to be inserted. This ensures the tape is hidden from
view and also enables it to be attached securely to the back of the board,
distributing the weight. You can see the hinge of tape just near Omars
thumb. The fine-tipped tweezers were used to pull the tape through from
the back of the board. Once all edges were taped down the work was then
secure enough to frame and display.

Many thanks to Pip Morrison, Conservator, Photographs, National Gallery of Victoria and Omar al Qaradaghi MGAs Conservation Framer, for their
willingness to be photographed whilst undertaking this delicate work on such a grand scale.
All images Monash Gallery of Art; photographer: Katie Tremschnig, MGAs Gallery Technician & Collections Registrar

13

OWNERSHIP, COPYRIGHT & APPROPRIATION:

AUSTRALIAN LAW
The following information is quoted directly from Australian Copyright Council2 information sheets links to this and other
publications can be found in the RESOURCES & REFERENCES section on page 27 of this document.

GENERAL COPYRIGHT
The main authority for Australian copyright law is the Copyright Act 1968 (the Act), which is a Commonwealth law and applies
throughout every state in Australia. Under Australian law, there is no registration procedure of copyright and copyright protection
is free. Copyright rights come into existence at the same time as someone creates something which is a type of material that
copyright protects. For example, copyright is automatically created by writing down a story; typing up a poem; shooting film
footage; recording music and taking a photo.

MORAL RIGHTS
Individual creators have rights called moral rights, whether or not they own the copyright. These are rights to:
be attributed as the creator of their work;
take action if their work is fasely attributed as being someone elses work or is altered by someone else but is attributed
as if it were unaltered; and
take action if their work is distorted or treated in a way that is prejudicial to their honour or reputation

ARTWORKS, ARTISTS & COPYRIGHT:

To use all or a substantial part of an artistic work you will need permission from the copyright owner, unless copyright has
expired or a special exception applies.
The creator of copyright material is not always the copyright owner
The owner of the physical artwork item is not always the copyright owner (The gallery must seek copyright permission of works
in our collection for example)
Once you have permission to use an artwork, you still need to ensure that you do not infringe its creators moral rights.

PHOTOGRAPHS, PHOTOGRAPHERS & COPYRIGHT:

Generally speaking, the copyright in photographs lasts for the life of the creator plus 70 years. Except if photographs were taken
prior to 1 January 1955, as their copyright has now expired. A photograph is protected by copyright automatically from the moment
it is taken.
Photographs taken in the course of employment:
If an employee takes a photograph as part of his or her job, the first owner of copyright will be the employer.
Comissioned photographs:
When a Client pays a photographer to take a photograph, but the photographer is not their employee.
Photographs taken before 1 May 1969, the person who paid for them to be taken owns the copyright, unless agreed otherwise
Photographs taken on or after 1 May 1969 and before 30 July 1998, the first owner of copyright in a commissioned photograph
is the comissioning client, unless otherwise agreed.
For photographs taken on or after 30 July 1998, the general rule on ownership depends on the purpose for which the photographs
were taken:
if the photographs were taken for private or domestic purposes (such as family portraits, or wedding photographs), the first
owner of copyright in them is the client, unless the photographer and client agree otherwise; however
if they were taken for any other purpose (e.g. commercial shots), the photographer will be the first owner of copyright, unless
the photographer and client agree otherwise.

OWNERSHIP, COPYRIGHT & APPROPRIATION:

APPROPRIATION EXPLAINED
Appropriation is defined as: The direct duplication, copying or incorporation of an image (painting, photography, etc) by another
artist who represents it in a different context, thus completely altering its meaning and questioning notions of originality and
authenticity. 3 Historically artists have used appropriation when they wish to draw comparisions to the original work, or critique
the work, or make reference to the artist or even to evoke a certain thought, feeling or mood in the viewer. The use of another
work in their own is a deliberate decision and one that should not be dismissed when analysing the work.

UTILISING PART OF A WORK OF ART IN AUSTRALIAN COPYRIGHT LAW:

Generally you will need permission from the copyright holder to reproduce a substantial part of a work. A substantial part is
not a size requirement but rather a distinctive, recognisable or essential part of the original work. One occasion where part of
an artwork may be reporduced without permission is if it falls under the exception titled Fair Dealing.

THE FAIR DEALING EXCEPTIONS TO INFRINGEMENT

There is no general exception for using copyright material simply because you think it is fair or because you are not making
a profit. The copyright act allows you to use copyright material without permission if your use is a fair dealing for one of the
following purposes:
research or study;
criticism or review;
parody or satire;
When using material which falls under any of the fair dealing provisions you still need to observe moral rights obligations, such
as attributing the work correctly and maintaining the integrity of the work.

APPROPRIATION CASE STUDY

Photograph by an Associated Press photographer and

Hope poster by street artist Shepard Fairey 4
HISTORY
Associated Press took Shepard Fairey to court in 2008 for copyright
infringement for the use of their photograph as the basis for his poster artwork
titled Hope. Shepard claimed fair use and that the work was derived from
a different photo. Despite initially denying its use, Fairey did admit that the
photograph in question was indeed his inspiration for the piece. The case is
unresolved as they settled out of court, with both parties stating that neither
side surrenders its view of the law.
Note: fair use in American Law differs slightly from Australian Law fair
dealing, but the condition of parody or satire is similarly applied.
QUESTIONS
Using the categories of Fair dealing above, how do you view the work of
Shepard Fairey in regards to copyright infringement in Australian Law? Is
Faireys use of the photograph for his poster fair dealing? Was Fairey acting
as an artist as defined above, deliberately incorporating the photograph to
reference it? Or was he using the photograph in another way to reference
something else?

15

PRESERVATION & CONSERVATION:

COMPLETED WORK IN SITU

ARTWORK LABEL
EXTENDED ARTWORK LABEL

Juan DAVILA born Chile 1946 arrived Australia 1974

Piet 1984
acrylic and collage on two silver dye bleach prints
Monash Gallery of Art, City of Monash Collection 1995.01
Juan Davila, courtesy of Kalli Rolfe Contemporary Art

During the early 1980s Juan Davila staged a series of performances based on the iconography of the Piet. The Piet
composition, which came to prominence in fifteenth century Italian art, traditionally shows the Virgin Mary lamenting
over the body of a dead Christ. More generally, it symbolises human empathy and the pathos of the flesh. Having
grown up in the predominantly Roman Catholic country of Chile, Davila is well aware of how the image of the Piet
has been continually re-worked in both art history and popular culture. His versions consciously participate in this
ongoing process of appropriation and re-interpretation.
In order to underscore this process of appropriation, Davila makes photographic documentation and reproduction an
integral part of his performances. Moreover, Davila uses the photographs to create further versions by adding layers
of collage and paint to the surface of the prints. The monumental version held in MGAs permanent collection clearly
demonstrates how Davila brings the photographic document to life as a glimmering, multi-layered surface.

Michelangelo Buonarroti Piet St. Peters Basilica, the Vatican

also known as Michelangelos Piet
Photo: Stanislav Traykov
Licensed under the Creative Commons Atribution-Share Alike 3.0, via
Wikimedia Commons

RESOURCES
CONSERVATION

http://www.aiccm.org.au
Australian Institute for the Conservation of Cultural Material
This site has a wonderful resource called a Visual Glossary that aims to show real life examples of different
types of damage that can occur to cultural materials through photographs and definitions provided by
members.
COPYRIGHTS AND THE ARTS

http://www.copyright.org.au
Australian Copyright Council
This site has made available a number of fact sheets that explain copyright law in Australia in simple and
practical terms.

http://www.visualarts.net.au/advicecentre/copyright

National Association for the Visual Arts Ltd

http://www.artslaw.com.au/

Shepard Fairey copyright case (Obama Hope Poster) More information can be found online here:

http://boingboing.net/2009/10/19/shepard-fairey-ap-ba.html> last accessed 9 March 2011

http://www.viscopy.org.au/licensing/fair-dealing

REFERENCES
1 National Association for the Visual Arts Ltd, 2009
<http://www.visualarts.net.au/readingroom/bestpracticeforartistsandpubliclyfundedgalleries>
2 Australian Copyright Council
<http://www.copyright.org.au/>
3 Dictionary of Art and Artists, revised, expanded and updated edition, Thames and Hudson, 1994, p. 19
4 Obama copyright case images were found here: http://www.boingboing.net/200902091145.jpg

BEHIND THE SCENES: VCE Studio Arts unit 4 Art industry contexts
Education resource
2012 Monash Gallery of Art, artists and writers
Education resource design and text: Stephanie Richter

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