Period 5 -- Critical Analysis #17

4/5/2018

For today's critical analysis, you will read an article about photographer Vivian Maier's work and the controversy surrounding who holds the copyright to reproduce, exhibit, and profit from her work. You will then respond to the article here. Here is the link to the New York Times article:
www.nytimes.com/2014/09/06/arts/design/a-legal-battle-over-vivian-maiers-work.html
Write a 4 paragraph response to the article above, giving your opinion on what you feel should happen to Vivian Maier's photographs. Consider these questions as you write:

Do you think that her work should be shown to the public after her death, even if she might not have wanted it shown when she was alive? Do the artist's wishes matter after the artist has died?
Who do you think should hold the rights to reproduce and exhibit Maier's work? Do you agree that John Maloof, who produced the documentary Finding Vivian Maier and is credited with "discovering" Maier's photographs, should hold the federal copyright? Or do you think that the copyright and resulting financial compensation from print sales should go to the heir produced by the lawyer named David C. Deal?

Be sure to post your response as a comment to the correct class period blog post. Your analyses will be graded on the following criteria:

meeting minimum length requirements
depth of organization
evaluation of the content
grammar/punctuation

If you do not finish in class, you must complete this for homework before class on Friday, 4/6/18!

If you are interested in reading more about the Vivian Maier case, here is a recent article about the settlement of Maier's estate: http://www.chicagotribune.com/news/ct-vivian-maier-estate-court-settlement-met-20160510-story.html

Ryan Kyle

4/5/2018 11:47:47 am

I believe that Vivian Maier’s work should be shown to the public after her death because of how great of a photographer she was and just because she never specifically said that she didn’t want them to be shown. Showing Vivian’s work was a matter of choice from the person who found her work. At that point he would not have known about whether or not she would have wanted the images to be shown. In my opinion, I would have done the same thing as John Maloof because if I found photographs like that I would want to show them to the world. They would have been discovered by someone eventually and I think that it is good that John found them just because of the extensive amount of research that he did in order to find out everything that he could about the images.

In my opinion, unless the artist has specifically said not to show the work after death, then it is a matter of choice by the person who has the images themselves. Nobody really knows whether or not she actually wanted the photos to be shown. Nobody would have known either because the never showed the photos to anyone and she always told people that nobody was allowed in her rooms that she stayed in. In Vivian’s case, since nobody knows if she specifically said anything about not showing the images, there is nothing stopping someone from sharing them with the public. This is exactly what John Maloof did.

I believe that the money should go to John Maloof. The images would never have been found if anybody else had bought this locker and done as much research as John did. Even if somebody did find the images, nobody would have gone to the levels of research that John did. If the image were never published in the first place, then there would be no money made from them. You can’t just say that somebody who is supposedly related to her but has never met her should get money from something that they had nothing to do with.

Although the relative may have been her heir by law, the images were in the storage locker that John Maloof purchased. When he purchased the locker, he purchased everything inside of it as well. This means that he bought the photographs and that he owned them legally. Whenever you buy something it means that you now own it. Someone can’t just come out of the blue and take it from you when they have had no connection to it in the past.

Pato Wray link

4/5/2018 11:49:55 am

The artist by the name of Vivian Maier was a lady who has been looked at for many years. She was a nanny that was very private to herself. She would tell people not to touch herself and became very paranoid to her belongings. She was a photographer that has some interesting photos and some appeal to them very much so. She was not known until after her death due to being anti-social and having no family member having to do with her. Once people found out about her negatives, people were very shocked.

She had a collection of 100,000 negatives that were stored in lots and lots of suitcases/luggage. Her artwork was bought by John Maloof, who was appalled to see how underrated her negatives and her life was. He did lots of digging and found out many things about her. He tried to sell them to museums but was rejected for long periods of time. This later turned into a Chicago court case on who should win the negatives of her.

David C. Deal filed a case on the belongings on who should get the negatives. Deal later won the case saying he was into her life when he was in law school and wanted the negatives for more research. The people who knew Maier very good then spoke up about how her life was and some had very good connections to the woman. They said that she was a mystery and how there was a weird side to her. For example, she kept a stack of newspapers in one house for entertainment and had the entire room full of them.

This woman was very bizarre and is only getting her fame right now. She might have not wanted these to be shown to the people but if she saw this, she would be surprised. She is a weird woman indeed but is a very interesting topic to many. I actually liked the documentary about her and I can see people being interested in her. This topic should be going on as we speak right now.

Jessica Mims

4/5/2018 05:31:36 pm

Vivian Maier lived her life making photographs without others knowing. It is really unfortunate because she was a very talented photographer. After she died, John Maloof discovered her works. Everyone, including Maloof, did not know anything about Maier. She very few records and information about her, almost as if she lived in secret. Since she had very little documentation, Maloof wanted to figure out more about her, so he began researching.

Eventually, more information and photographs were found and Maloof wanted to use them to make her famous. Maier’s works began to be shown to the public through galleries, museums, books, and documentaries. As she has become more well known, this has become more of a problem. Because her photography skills were not known while she was still living, she did not have any known preferences on what to do with her work. I believe that since she did not have a preference, it is ok that her work is now public. However, if she voiced that she did not want her work shown at any point, I believe that her work should not be shown and they should uphold her wishes.

The question about who should hold the rights to Maier’s work is complicated. Not only because she has passed away with no say in her work, but also because she has no direct relatives. I believe that John Maloof should definitely hold a portion of the rights. He discovered her and helped to make her works known. He put a lot of time and effort into discovering someone he had no idea about. He became passionate enough to publish books, create a documentary, and get her work into galleries around the world. He should definitely be able to keep some of her works and rights to her works because of how much time he devoted to publicizing her.

I think the rights should also be shared with the heir who was discovered by David Deal, but not as big of a portion as Maloof will receive. The distant relative should receive some copyright and compensation because they are family to Maier. However, even though they are related, the relative had no idea that they were and has not done near as much work as Maloof in regards to Maier’s work. How to divide the rights is being determined in a court case, and was recently finalized but not yet disclosed. Eventually, we will know how the rights will end up dividing.

Troy Rollwitz

4/5/2018 05:38:23 pm

I believe that Vivian Maier’s work should be shown to the public after her death because although she never showed anyone her work, she never said whether she wanted them shown or not. I think that her work captures moments in time and I think this work should be shown to the public. I also believe that because these photos were not private ones of her, but rather mainly photos of the public, they could be released. If releasing these pictures gives the artist a bad reputation they shouldn’t be made public.

I think that the artists wishes matter after their death if they express them. Vivian really didn’t state what she wanted done with her work, and she had no family to make that decision for her. If an artist were to clearly state what they wanted after their death, then I believe their wish should be honored. In the case of Vivian I believe that since she never expressed any wishes, and this art doesn’t give her a bad reputation, then these photos are good to be released.

I believe that John Maloof should get the rights to her work. The only family they were able to contact were not close enough to Vivian(In my opinion), to receive the rights. They found a heir in France, and it turns out he did not know he was even related to Vivian. John Maloof was the one who discovered the art, and considering the art was about to go in the trash until he saved it, I think that fact alone justifies him getting the art.

I do not think the money should go the heir Mr. Deal found because he was not aware he was related to Vivian. He is basically a random French guy who happens to be related to her. I do think that John Maloof’s situation doesn’t feel right, because he found someone else’s work and gets to sell it, but to me it is the only thing that makes sense because she really doesn’t have any relatives that I believe would qualify to take the art. John also purchased the storage locker, which includes all content, so he bought and owns the art. I do not think it would be right to take that away from him.

Mikaela Mumme

4/5/2018 07:40:25 pm

I do not think Vivian’s work should have been published after death if she had not wanted it showed while she was alive. I think what the artist says matters even after death. If Vivian wished her photos were not even people I think her word should be respected. I think if Vivian did not want the photos shown there was probably a great reason behind that and it would be invading her personal privacy.

I Think The money should go to Jhon Maloof who produced the documentary film. He was the original person to discover the majority of Vivian’s work too. He saw the value and meaning of her work and was the one to make it seen and known. He did not have to work so hard to make Vivan and known artist but he saw the beauty in her work that later made her famous.

John also was the one who found the storage locker with all of Vivian’s photos. With his own will, he decided he would put this work in an art gallery. He was the one that took the initiative, spent his time, and effort which leads to Vivian becoming a famous well-known photographer.

Although Vivian may not have wanted fame she now has it after death. This was all made possible by the hard work of John. I don’t think it is right what David did as a lawyer to get the rights to the negatives. The real person and hard worker who deserves the rights and money to Vivian’s work is Jhon.

Estefan Zorrilla link

4/5/2018 08:04:49 pm

I think Vivian Maier's work should have been shown but not to the extent that John Maloof showed them. She wanted her work to be revealed to the public when she asked the man in the small french village. I don't think she meant for her pictures to get exposed so much on a global scale. I really do think the artist wishes matter still even after death because the artist produced the art. The art is the artists property and she controls everything about the art she produced whether it wants to be recognized or not.

I think John Maloof should have some property to it because he did discover all of her negatives and investigated to find out more about her. I also do think her distant and only relatives should have a cut as well. The lawyer David C. Deal should also have a part in receiving the money. He did also discover the photographs and holds. I think they should all split it evenly as they all deserve an equal pay, even them it would still be a lot of money for all.

Vivian Maier was a very interesting person. She held over a hundred fifty thousand negatives that she never released. John Maloof was in an auction and bought a box full of negatives for four hundred dollars. He then proceeded to find out more about her and her work. He tracked down her past relatives and people she came in contact with.

Vivian Maier was very private and sometimes abusive to kids. Her job was being a nanny which gave her time to follow her photographic endeavors. Many people she came in contact with told them different names, spelled different ways. She was a very odd and interesting person which made her case ands tracking her down and trying to find out why she wouldn't release her photos to the public makes it a very intriguing story.

Zach Burgos

4/6/2018 12:04:02 am

The recently discovered artist Vivian Maier had very interesting photos but had a very secret life. Vivian Maier would not have shown her photos when she was alive, but I think she always wanted to show someone her photos. Vivian always tried to keep out of the spotlight by sometimes telling people fake names. Vivian most likely had mental illness and didn’t want people to know who she was. I think her photos should be shown in public after her death.

I think that it's ok for John to exhibit Vivian’s photos because she did not specifically tell anyone to not show the public. She didn’t have a family to make a decision for her to show the public or not. But I do think that the artist’s opinions should be respected when it comes to these situations. It was important for John to exhibit these photos because they seemed very real in how the story in the photos was presented.

John Maloof should have the rights to exhibit and reproduce Maier’s work. I think that because he took a lot of work into finding out Vivian’s life and her work. He put effort into finding all of her stuff and contacting the people she was a nanny for. He also had to travel to places and filmed a documentary to those places and people.

I don’t really think that David Deal should get the copyright for the photos just because he is somehow related to Vivian. John took time and effort to find out about her and he bought her photos. It would be wrong for them to take away the time that he put into the afinding of her for nothing. Even though John is getting profit from selling the photos, I think that he is the better choice than a french guy that found out being related to Vivian because she had no close relatives to give the photos to.

Marynez Cantu

4/6/2018 10:38:46 am

Vivian Maier is an amazing photographer whose work was sadly not appreciated while she was alive. The real reason was never really clarified of why her work was never published or put in museums. However, throughout the documentary it is mentioned that she once wrote to a printer to publish her work though it was never made clear why she never sent that letter.

Vivian doesn’t have trace of what happened to her family, in fact there has been people who tried to see what happened to her family members but everything was so secretive that no one even knows. So the question here is who should get all of her work if she never left it for anybody.

I believe that in this certain situation, the man who discovered her work should get to keep her work. This man has done amazing things with her artwork for example, he has taken it on tours, he has put them in museums, and he manages everything that has to do with Vivian Maier’s work. In fact, Vivian Maier’s work would not be visible to us if it weren’t for this man and he is making people know who Vivian Maier was.

Many people argued throughout the documentary about whether or not her work should have been published to the world because many people mention that Vivian wanted to keep her work private. I argue that good work is good work and whether or not Vian wanted this to be published to the world, the feedback has been amazing and people are really appreciating it.

Maria Tirado

4/6/2018 11:03:50 am

Vivian Maier was a very interesting photographer, that didn’t like to show her work. She was born in New York but moved to France. After her time in France, she moved back to the U.S and became a full-time nanny. Vivian Maier still took photographs, but made it into her hobby while she took care of the kids. She never showed her amazing work to anyone. Mainly because she didn’t have any close family.
I believe that Vivian Maier’s work should be published, or at least open to the public eye. Of course the artists opinion matters, but because she passed away and didn’t tell anyone about her work it is a complicated situation. I think it is fair that if the guy that discovered her work wants to publish it, he should. John Maloof spent time developing some of her images and researching so many facts about her life and her background, he is definitely interested in this project.
Artist’s wishes do matter, but once an artist passes away, the most understandable action is for the the artist to be recognized and praised. Especially Vivian Maier, because she never got to be praised while she was living. Of course Vivian Maier was an odd human being, but her art had something very special. That special thing in her work caught John Maloof’s eye, and it is only fair that he gets the credit for discovering Vivian’s work.
I think John Maloof should hold the federal copyright over the distant relative, because he shows a lot more interest in Vivian’s work and background. The distant cousin that lives in France is only interested in Vivian’s artwork for the money. He was trying to use blood related business as a reason as to why he should get the legal copyright. I don’t believe this is the best thing that could happen to Vivian Maier’s legacy so the federal copyright should go to John Maloof. Especially after he invested so much time in discovering a person that didn’t want to be discovered.

Larissa Esparza

4/6/2018 11:04:31 am

Vivian Maier’s was a photography from the 20th century that took photographs during her free time. Vivian was a full time nanny and would usually stay in the families homes. Vivian did this because it was an easy way of life, Vivian would have a place of her own and get paid for staying in it while taking her photographs on outings with the kids. Ms.Maiers, VIv, Vivian and Ms.V are few names that both the children of families and adults would call her.Vivian Maier’s would usually not say her name at random and if she had to she would spell her name differently every time and put a different first name initial.

Vivian Maier's was definitely a different character than most people but made her images spoke a lot about her actions that seemed strange to others. Vivians photographs are obviously something special and I think that although Vivian showed nearly no one her images she would probably want someone to discover them. Vivian sent her images to a person in France that made postcards with the intention of printing them out. There are various reasons why Vivian didn’t print out her images maybe she didn’t have the money to or she didn’t care about the fame. Although people could ask these questions it leaves one unanswered if she was so poor towards the end of her life why didn’t she sell at least some of her images to life a decent life.

I believe that Vivian Maier’ images should belong to Mr.Maloof because he is the one that discovered his images as interesting and amazing. Mr.Maloof was also the first to get Vivians images out to the public to recognize her work. I think that Vivians work should be displayed in the public after her death. Although Vivian may have not wanted her images published in public she could have also wanted her images to be seen by others to show how life was in her time and age.

Something about the lawyer, David C. Deal does not seem trusting. David C. Deal claims to be wanting to do the right thing by fighting for the rights to go to one of two Vivians first cousins in France but he didn’t even know of Vivian Maier until they confronted him. I think that since the first cousin didn’t even know about Vivian or her images and is not invested into her images that it just shows how much more John Maloof is invested into Vivian and her images. The other first cousin in France believed that he was going to receive the rights of Vivians images and copyright until they found another one of Vivian's first cousins. The first cousin that Mr.Maloof discovered new of Vivian Maier's unlike the other first cousin which is why I think that either mr

Marissa Elizondo

4/6/2018 11:04:49 am

Vivian Maier's story is very complicated. It is also still a big mystery. Her images were found by John Maloof. John was amazed by Vivian’s pictures that he tried his best to find out more about her. John found that she was a nanny for many years. He found out she was born in New York, and lived her childhood in France. She would take the kids she was babysitting and take pictures. She was a street photographer.

John also found out that she has no family. The only family she has that is still alive is her cousin from france. He interviewed the kids she babysat and found out that she was very secretive. She had many secrets. No one knew about her past. She wouldn’t let the kids go up to her room, but one time a girl went up to her room and found her room filled with newspapers. She kept up with the news and politics. She was quite the interesting, mysterious, and a little weird person.

I think that John Maloof should get the money that is made when people buy a Vivian Maier picture. He discovered Vivian Maier. Without John Maloof, the world may have never been blessed with Vivian’s work. He also spent a lot of money, work, and effort to develop and print them. He also seems to be a good person who genuinely cares about her art and isn’t doing it for the money.

I also think the John did the right thing by publishing her work. Her work is amazing. She knew her work is amazing. People say she wouldn’t have wanted her work to be published, but in the documentary that we saw, John discovers a letter to a man in France asking him to print some of her images. Therefore, John didn’t do something she wouldn’t have wanted. She wanted her work to be known and it is. Unfortunately, Vivian is dead and some of our questions will never be answered.

Kate Madison

4/9/2018 09:01:01 pm

I think Vivian Maier’s work should be shown because it shows a lot of history from more than one place that could open up the world for some people. When John Maloof found the work he started showing it to people. He did not know anything about her and did not know whether or not she would have wanted people to see it. They would of eventually been discovered by someone so at some point they would’ve been exposed. He wanted to know more about Vivian since there was nothing on her and he started researching.

He started looking through her old documents and contacting people she was involved with. That was how he started his research by asking her old bosses about her. He discovered she was a very quiet person who told everyone to leave her things alone and hoarded items. Knowing this now John would have probably kept her pictures a secret until a later time. Even though she was a private person, there was evidence that she was trying to publish her work.

As for who should get the profits of the pictures, we do not know. Since she has no direct relatives and is already passed away, there is not rightful owner. I think that John should keep a third or half the profits to open exhibitions for her work and donate the rest to charity. Since he did put a lot of his own time into processing the negatives, he should be making the choice of where the money will go. Since there is no evidence of any other blood relatives that they cannot prove, the money should rightfully go to John.

Although the relative may be the heir by law, John bought the storage shed which held all the negatives they should be his. The family member does deserve some of the money and copyright, but not a huge portion of it. This is because he did not even know about the images and did not find them. The reason for this is because they could’ve been on bad terms and the heir just wants all of the money. Even though this can be argued about who deserves the overall profits and copyrights, it will not happen for a while.

Josh salehi

4/10/2018 01:29:39 pm

i would argue that viviana's work should be shown around places because when john maloof found them he was very impressed.John then got curious of viviana's background. after searching around he couldn't find anything. He later then decided to go around and ask people for her and finally he got some information.

He found out that vivian was born in New Yorked but moved to france and spent most of her childhood in france. She also apparently had no family. And none really knows why and what happened to her many family members. It is such a shame because before she died she left a note for a publisher to publish her work on her behalf but she never gave them that note and wanted her wonderful painting to be a secret.

John also found out that vivian has always lived a quiet life growing up. She never liked sharing her belongings and always wanted to be by herself thinking and doing stuff. By the time she was old she would sit on a park bench everyday and a lot of people got an impression that she is a weird person and she talks to herself.

After vivian died no one had the rights to her work because once again she had no friends or family. I believe it is only right for John maloof to get the rights of the paintings because he was like the first person to give recognition to viviana's work. I also believe museums should hang her work around to honor the great artist she once was.

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Period 5 -- Critical Analysis #17

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