Submitted by Kim Bartel, Leigh High School, San Jose, California
UNIT: Pop Art - Painting - Color planning
Lesson: Pop Art Monochromatic Value Portraits
Grade Level: High School - Art 1 (adaptable to middle school)
Time: approximately 3 to 4 weeks

click images for larger views -  more images below

Summary: The purpose of this lesson is to teach students about Pop Art - but also about copyright and rights of publicity. Students will find a photograph of a celebrity they admire. They will write a letter to the copyright holder asking permission to make a painting from the photograph (a derived work of art). In addition, they will write letter to the celebrity (or their estate) asking permission to display the portrait. Freedom of expression grants the students permission to make the portrait, but not necessarily to publicly display it. See note below 

Resources:

Pop Art (Andy Warhol, Roy Lichtenstein, Peter Max and others) Artcyclopedia

Andy Warhol Celebrity Portraits (some links broken) - additional portraits - Prints

References for teachers on use of celebrity images: 

The Use of Celebrity Images in Works of Art

Recent verdicts expand artists' rights in celebrity depiction cases - Special Report

Exercise Caution With Celebrity Images - Comedy III v Gary Saderup - Brief Article

Artist wins right to distribute work bearing golfer's image
Famous people generally have a right to sue for commercial uses of their celebrity, such as unauthorized advertisements or endorsements. But when a celebrity's name or image is used in the context of a noncommercial, creative work, such expression is protected by the First Amendment.

Article - You Shall be Released

Pop Art - Celebrity Portraits (today) "Andy Warhol made the whole idea of "fame" more famous and he turned the idea of a celebrity portrait into an art form. Treating already familiar images of celebrities in artistic and interesting ways, Warhol, Peter Max and numerous artists have showed us new ways to present our favorite celebrities as "art". Using mixed media Howie Green developed his own technique for creating a portrait that gives free range to the full spectrum of colors." Note: Howie has not been challenged for using celebrities (and even has Barbie®!). 

Pop Art Portraits - Contemporary artist - London based. Good use of color.

References for Derivative works:

The owner of copyright has the exclusive rights to prepare derivative works based upon the copyrighted work 

Derivative Works  article by David M. Spatt

Derivative Works - from U.S. Copyright Office

Derivative Works - from Chilling Effects Clearinghouse

Art may be protected under the "fair use" doctrine.

To decide whether a use is "fair use" or not, courts consider:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and,
4. the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. 107(1-4)

Materials needed:

Illustration board, pencils, rulers, newsprint, tempera paint , assorted brushes, small containers with lids, water.

Visual and Performing Arts framework Standards grades 9-12

Cultural Content, Creative Expression, Aesthetic Valuing, and Artistic Perception  

Guiding Questions:  

1. What are some characteristics of the Pop Art Movement?

2. Could Pop Art Movement survive today? Why or why not?

Objectives (and procedures)

1. Each student will identify eight values moving from light to dark on a gray scale.
2. Each student will identify eight value changes on a monochromatic value scale.
3. Each student will construct a gray value scale and a monochromatic value scale model. (Two days)
4. Students will design a pop art portrait painting utilizing five value changes. (Three week project.)
5. Students will learn and understand the Pop Art movement and the artist’s involved.  Discuss issues that face artists today when painting celebrities and trademarked goods. (Two days)
6. Students will research and write about how Pop Art is being used today and whether or not it is a viable art movement or has it shifted into the realm of commercial art entirely.  (To be done as homework)
7. Students will locate a photograph that can be used for their subject matter.  To be done as homework. They will also write a letter asking permission to use the photograph.  A letter will also be written to the celebrity (or their estate) asking permission to display the finished work. Letters will be done as homework. 
8. Students will draw and enlarge their portrait choices to an 15 x 20” piece on white paper. Use math skills to enlarge using a grid. (Three days)
9. Students will distinguish 5 light to dark values in their portraits. Two days.
10. Students will paint their portraits utilizing their color choice in a Monochromatic or tonal (gray) Value Scale. (One week)
11. Students will make critical judgments towards one another’s art pieces, critiquing and evaluating each piece.  45mins.

12. Students will verbalize through a written paragraph describing the concepts learned and relevance to their growth as an artist.  To be done as homework.

Art Rubric for Beginning Draw, Paint, and Design: Pop Art  

                           Weak                 Basic              Proficient           Strong
                              1                          2                          3                          4 
        Standards                                       Criteria                                             Mark

Expected Schoolwide Learning Result (ESLR)

Evaluation of Learning Objectives 

1. Did each student will identify distinct differences in a value scale and a monochromatic value scale? (One day)
   
   

2. Did each student will create a value and a monochromatic value scale gradually shifting from its lightest value to its darkest?  (2 days)
   
   

3. Did students will learn and understand the Pop Art movement and the artist’s involved?  (One Day) 
   
   

4. Did students research and write about how Pop Art is being used today and whether or not it is a viable art movement or has it shifted into the realm of commercial art entirely? What artists did they find? Could the Pop Art Movement survive today? why or why not?

5. Did each student design a pop art portrait painting where they separated light, mid,  and dark values?  (Three week project )

6. Did each student decide what portrait they would like to use?  (Same standard to be taught as objective three.)  To be done as homework. Did each student write permission to use photographs and permission to use celebrity? Did letters contain all of the information needed (you might have your librarian look at some of the letters as they are usually knowledgeable on copyright issues)?

7. Did each student draw and enlarge their portraits through gridding? Standard to be taught is Artistic Perception? (One week )

8. Did students divide the portraits into five basic values; one representing a very light value, one mid-light, one a mid mid dark, and darkest  shade? Did they exhibit craftsmanship in painting these value changes on their portraits?  (Two weeks)

9. Did students will make critical judgments towards one another’s art pieces critiquing the success or failure of the assignment?   Standard to be taught  is aesthetic valuing; responding to, analyzing, and making judgments about artworks. (1 day)

10. Did students verbalize through a written paragraph describing the concepts learned and relevance to their growth as an artist.  (To be done as homework)

11. Extension: Students will design their own art project utilizing the concepts and ideas learned.   (one class period)

12. Extension: - Try Pop Art Digitally - Here is a Lichtenstein Inspired Portrait Tutorial

Gallery from Ken Schwab's students, Leigh High School

click images for larger views

Note: It is not practical to have students write the letters then wait for a response (it may take days or weeks - or they may go unanswered). Have them go through the steps that a practicing artist would have to do if he or she wanted to sell their work. I spent an hour or more researching to find the contact for the estate of Lucille Ball. I was fortunate to get a response the next day (which was a surprise to me). I have omitted the student example as the estate did not want it shown - nor did they want the photograph shown that inspired the painting. Below is the email I received:

Thank you for your recent inquiry on behalf of Incredible Art 
Department. Unforgettable Licensing represents Desilu, too, LLC with regards to all licensing matters concerning Lucille Ball & Desi Arnaz, Sr. While we
appreciate your interest in including the photograph of Ms. Ball and 
the corresponding artistic rendering on your website, we must decline your
request. 

Desilu, too, LLC receives hundreds of inquiries annually requesting
permission to use Ms. Ball's name, likeness and image in a wide range 
of commercial, educational, and not-for-profit endeavors. Given such
tremendous interest and the associated business and legal issues that
accompany all licensing matters, we are very selective when determining
where and how Ms. Ball's image is used. 

While this position undoubtedly disappoints many well-meaning 
organizations such as yours, we trust you'll understand and respect our need to 
protect Desilu's interests and Ms. Ball's continuing legacy. We wish you luck 
with your project, and thank you again for your interest in Lucille Ball.

Sincerely,

Unforgettable Licensing (as agent for Desilu, too, LLC)

Brian B. Eich, Esq.
www.unforgettablelicensing.com

Use of Lucille Ball's name here is for informational purposes only - and is educational. 

"A release is not needed to use a person's name or image for informational purposes. An informational (or "editorial") purpose is anything that informs, educates or expresses opinions protected under the First Amendment of the United States Constitution (protecting freedom of speech and of the press)"  http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter12/12-b.html

Students need to know that making a painting from a photograph is considered a derived work and is a violation of copyright. Andy Warhol (and/or his estate) was sued for using photographs without permission. Other artists have been sued for using photographs (Robert Rauschenberg and Jeff Koons, for instance). Fair Use is a defense as students are using the photographs for educational purposes - but is not a given.  If you don't want to have students write permission letters, then perhaps it would be better to do this as a self portrait lesson (Warhol also made many self portraits). Students do have the right to make a portrait of anyone they wish using any sources they wish (for personal use) - they don't have the right to display the work or publish it (like on a school web site). A school would not be sued for displaying the work should it be discovered, but they could be asked to remove the image from the web site. It is far easier to apologize than get permission. Most of my letters sent asking permission over the years have gone unanswered. It should be noted too that most licensing agreements do ask to see a sample of the finished art work (thus granting permission to make the work of art).  Do your lesson - but include the copyright lesson, too. This lesson did motivate students. All were successful. It was a good skills lesson.

Note: There are now licensing agreements in place between the Warhol Foundation and estates/companies featured in Warhol's work. Warhol did not enter into such agreements himself, however. Warhol did have an agreement with Disney when he created his Mickey Mouse series. Warhol did not do Quaker Oats' Aunt Jemima when they threatened a lawsuit for trademark infringement. Warhol made his own "mammy" using a model. If you would like sources for this information - contact Judy Decker. I will send you my web "wanderings" on the subject.

Permission has not been received from other celebrities pictured here. Their images will be removed if requested to do so. Johnny Depp photograph (top) used for inspiration ©2006 Walt Disney Pictures. The other Johnny Depp photograph (bottom) used is copyright 1990.

National Standards: (standards covered depend on how much class discussion there is)

1. Understanding and applying media, techniques, and processes	2. Using knowledge of structures and functions	4. Understanding the visual arts in relation to history and cultures	5. Reflecting upon and assessing the characteristics and merits of their work and the work of others
Students apply media, techniques, and processes with sufficient skill, confidence, and sensitivity that their intentions are carried out in their artworks	Students demonstrate the ability to form and defend judgments about the characteristics and structures to accomplish commercial, personal, communal, or other purposes of art	Students differentiate among a variety of historical and cultural contexts in terms of characteristics and purposes of works of art	Students identify intentions of those creating artworks, explore the implications of various purposes, and justify their analyses of purposes in particular works
Students conceive and create works of visual art that demonstrate an understanding of how the communication of their ideas relates to the media, techniques, and processes they use	Students evaluate the effectiveness of artworks in terms of organizational structures and functions	Students describe the function and explore the meaning of specific art objects within varied cultures, times, and places	Students describe meanings of artworks by analyzing how specific works are created and how they relate to historical and cultural contexts
	Students create artworks that use organizational principles and functions to solve specific visual arts problems	Students analyze relationships of works of art to one another in terms of history, aesthetics, and culture, justifying conclusions made in the analysis and using such conclusions to inform their own art making	Students reflect analytically on various interpretations as a means for understanding and evaluating works of visual art

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