Idiomatic Différance: Reflections on Intranslatability in the Works of Gerhard Richter

Translatability of a work of art, according to Walter Benjamin, is an essential ability to allow a translation to take on »a specific significance inherent in the original« so that it will retain a close relationship to the original. In contrast, Gerhard Richter's photo-based paintings show such an auratic significance of the original in its innate deficiency or intranslatability. As Rosemary Hawker puts it, the striking effect of blur in his paintings represents itself at once as a unique photographic idiom and a distinctive shortcoming of photography which impedes the medium from providing viewers with clearly perceivable images; the blur creates a site of différance in which both media come to a common understanding of one another’s idioms by telling what those idioms always fail to achieve. In this short essay, I will examine ways in which Richter’s photographic and pictorial works, including early monochrome paintings and recent abstract works based on microscopic photographs of molecular structures, attempt to untranslate photographic idioms in order to see painting’s (in)abilities simultaneously. In doing so, I intend to observe in the artist’s pictorial practice an actual phenomenon that the image can designate certain facts or truths only through its inherent plurality, faultiness, and partiality.

Idiomatic Différance: Reflections on Intranslatability in the Works of Gerhard Richter

Translatability of a work of art, according to Walter Benjamin, is an essential ability to allow a translation to take on »a specific significance inherent in the original« so that it will retain a close relationship to the original. In contrast, Gerhard Richter's photo-based paintings show such an auratic significance of the original in its innate deficiency or intranslatability. As Rosemary Hawker puts it, the striking effect of blur in his paintings represents itself at once as a unique photographic idiom and a distinctive shortcoming of photography which impedes the medium from providing viewers with clearly perceivable images; the blur creates a site of différance in which both media come to a common understanding of one another’s idioms by telling what those idioms always fail to achieve. In this short essay, I will examine ways in which Richter’s photographic and pictorial works, including early monochrome paintings and recent abstract works based on microscopic photographs of molecular structures, attempt to untranslate photographic idioms in order to see painting’s (in)abilities simultaneously. In doing so, I intend to observe in the artist’s pictorial practice an actual phenomenon that the image can designate certain facts or truths only through its inherent plurality, faultiness, and partiality.

The EU’s Trouble with Mashups: From Disabling to Enabling a Digital Art Form

New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user-generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non-commercial mashup artists and the emerging commercial mashup scene.