Lessig has written (in Wired) about the Warhol foundation’s application of copyright law. Joel Wachs, the president of the foundation says:
“We’re Lessig when it comes to artists and scholars” and “Disney when it comes to commercial use.”
Basically they allow artists to build upon Warhol’s work and academics to use his work for a nominal fee. But are tough on commercial use. This is in keeping with Warhol’s idea of art. Borrow from your surroundings and use it.
More and more I find this the right way to go. Commenting on our surroundings should be permissable – the only real prohibition should be plagiarism. Only copying without adding does not provide anything new.
Partly this position may come from the fact that I teach and many students dont realise what plagiarism is. I have even had students get angry with me when I uncovered their cheats. In the worst case a student attempted to pass off my work as his.
The word plagiarism comes from latin and refers to the activity of stealing anothers slaves. The roman poet Martialis wrote:
The book which you are reading aloud is mine, Fidentinus; but, while you read it so badly, it begins to be yours.
– Epigrams (bk. I, ep. 38)
Oh, and before any of my students come across this and ask: NO bad plagiarism does not make your work original even if you can cite Martialis!