Plagiarism
There has been a controversy about the startling resemblance of Canadian photographer David Burdeny’s images to some of the work of Chinese photographer Sze Tsung Leong. For brevity’s sake, I’ll restrict my comments to that comparison, but several blogs have mentioned other photographers seemingly channeled by David Burdeny. The resemblance was first noticed by the blog for the Photo District News and later three more blogs, noted for their seriousness towards issues photographic, picked up the ball with extensive discussions of what comprises plagiarism as well as providing images buttressing arguments pro and con. Those would be The Online Photographer, Muse-ings, and Conscientious and doubtless there are others who have weighed in with their comments. *
I provide two examples which to my mind make it clear that there is more than a resemblance between the two artist’s work. You will find others on the aforementioned blogs. In fact, there seems no escaping the observation that in both cases Burdeny’s images are deliberate copies of Leong’s photographs. However plagiarism is defined, and the blogs do a good job of exploring the legal and ethical connotations of that term, I know plagiarism when I see it and this is such a obvious case that I am surprised there is any debate.
Tse Tung Leong: Dashur, Egypt, 2007
David Burdeny, Bent Pyramid, 2009
Part of what defines plagiarism is intent : if you declare your work to be a copy of another’s work you’re either making a homage or displaying your virtuosity as a forger. In the case of the Rephotographic Survey Project series done in the late 1970s by Mark Klett and others , in which there was a deliberate effort to completely recreate W.H. Jackson’s landscapes after the passage of a century or so, you have both motives coupled with a scientific inquiry into the effect of time. Another possibility is that you’re allying yourself with artists such as Sherrie Levine and Richard Prince, both of whom deliberately copy other people’s artwork as a conceptual enterprise.
However, in my opinion if you conceal the fact that your art work is a deliberate duplicate of someone else’s art, you’re a plagiarist.
One’s work can legitimately resemble other work and in fact, it would be a cause for alarm if it didn’t. Influence is a healthy phenomenon; as the classicists say, we learn by imitating, and most educators believe that by imitating – not copying! – sooner or later, we find our own voices. The history of art is rife with examples. Braque’s work owes a lot to Cezanne and Cezanne’s early work shows the influence of Poussin and Pissarro. Early Cartier-Bresson looks like Brassai and some of Sally Mann’s early work clearly reflects the influence of Emmett Gowin. The artists in all those examples went on to discover their own influential and powerfully original voices. There is a continuum of influence from one artist to another and from one era to another that is a pleasure to discover. Plagiarism on the other hand brings that continuum to an abrupt halt; there’s no place to go after that discovery.
Sze Tsung Leong: Seine 1, 2006
David Burdeny, River Seine 2, 2009
Burdeny essentially claims he is mimicking, not copying, a claim that shows he misunderstands the meaning of both terns. Copying means “to make an identical duplicate of” and mimicking means “to imitate, to resemble” . It’s a question of degree. If you mimic an art work it is likely some part of that work will remain substantially different as well as emphatically similar. To copy work is to replicate it in almost every detail. True, in the photographs of Paris there seems to be a difference of season and in one of the Egyptian photos the angle of the pyramid is different. These are insignificant variations especially when compared to the far more significant similarities. The images remain as examples of faithful copies, not mere mimicries.
“To imply that I am somehow the first person who has ever made a similar image, even if I was aware of that image—that’s the climate that everybody else works in…people appropriate other people’s images, people are aware of certain people’s work, the knowledge of what people are doing travels at light speed. Everybody draws from each other….” David Burdeny.
Disingenuous to say the least. People don’t appropriate other people’s images unless it’s a deliberate conceptual strategy. Yes, borrowing, and blatant borrowing at that, goes on in fashion and advertising and of course is present in the field of fine-art. Downright plagiarism is rarer. Andy Warhol perhaps illustrated a contemporary attitude towards photography in that he apparently thought photographs existed for the gathering. But he never pretended the photographs he used were authored by him ( a few were) although once he was finished altering them, they became his. As far as blaming the duplication on the ‘climate’ of the time, it is true every era has a certain generic look. In our time, large front-mounted glossy color prints constitutes the look; in the 1970s, East Coast photography often consisted of small black and white prints with black lines around the images. But within that generic similarity you had some of the most original visual minds of the 20th century making images: Friedlander, Winiogrand and Arbus, just to name three.
Burdeny maintains “ these are fairly common tourist locations…more often than not I am standing next to someone who is taking the same image… There are hundreds of copies of pretty much the same viewpoint.”
Poor Leong; he has not only inspired one plagiarist but apparently hundreds. Can you imagine an artist being content just to take someone else’s picture? Or worse, being proud of it, to the point where he’d display it to the public? No one is maintaining that photographing the same subject constitutes plagiarism. You might even say that that there is no such thing as original subject matter; the originality lies in one’s vision of that subject. Given that proposition it is evident that Burdeny has a counterfeit vision: parasite-like, he is content to let another photographer not only choose his subject but even choose how he sees that subject; in other words he’s a plagiarist.
I don’t know how many of you have tried to take another person’s photograph. I have, and it’s damned difficult. As I related in another post ( “Frank Redux”) as an art student I spent some time trying to re-take one of Frank’s L.A. images from 1956: St Francis and City Hall. I was more interested in sharing the experience than in making any kind of statement. Had I succeeded I certainly would have termed the work a homage. But the fact is even though I discovered the location of this image, the look and spirit of Robert Frank had long since vanished, locked up forever in the pages in The Americans. As I said in the previous post:
“Long after I had given up this quixotic quest, I was standing on a street corner in LA and I looked up to see the statue of St. Francis. But it wasn’t a Robert Frank picture: the light was different, the time was different, and I wasn’t Robert Frank!”
Robert Frank: St. Francis and City Hall, L.A. 1956
So even if were I inclined to duplicate this Robert Frank photograph and pass it off as one of mine ( hoping no one would remember the original) I certainly would not attempt to re-take the same picture even if I could find the imprint of Frank’s feet, and even if I knew the exact time and season when he made the image. No, instead I would re-photograph Frank’s image, either by scanning or duplicating it with a copy camera. I would then in the post-processing, attempt to change it just enough to avoid the label of plagiarist.
I wouldn’t be surprised if that turned out to be the Burdeny strategy. I doubt if he traveled to France to make that image of Paris; most likely he went no further than the pages of Leong’s 2007 catalog of “Horizons” . There is no other way to explain the fact that light, the vantage point and the visual facts are almost exactly the same. A shift in the color balance; changing the season from winter to Spring by adding some leaves to the trees, and altering the reflections in the water seems to be the extent a lethargic Burdeny can add to Leong’s vision. Nevertheless, whether Burdeny traveled to France or got no further than an image in a catalog, these minute alterations hardly disguise the fact what we have here is a blatant example of plagiarism.
*Soon after finishing the above, the story appeared in the Los Angeles Times http://articles.latimes.com/2010/feb/28/entertainment/la-ca-photoplagiarism28-2010feb28. It looks like Burdeny’s pilfering may be going national.

Ed Nixon wrote,
‘Copying means “to make an identical duplicate of” and mimicking means “to imitate, to resemble.” ‘
Mark, you are entitled to your opinion and the expression thereof as is everyone else, but when you make the statement above and then I look at the images you present as evidence in support of your assertion about Burdeny, I have to conclude that it may be *you* who is being disingenuous. The Burdeny pictures are not “identical duplicates” of Leong’s. You yourself comment on how difficult that is; in the strictest sense of “identical”, it is impossible challenge unless it were also possible to reverse time and displace the first photographer at the instant he made his original image.
So if one is to judge Burdeny’s culpability on the basis of your criteria, it seems to me that he is an utterly failed plagiarist. He may in fact be many other things, including a photographer of limited imagination and/or originality but those aspects of the question are not given much or sufficient play.
All through this controversy, I have been struggling with the following questions: a) who paid the freight for Burdeny’s work? It must have cost a lot of money to create these images. If it was him, why did he go to the personal expense; if it was someone else, what did he tell them by way of justification to receive the support, and b) in any event, why did he go to the trouble of making these derivative works? It seem inconceivable to me that any reasonably intelligent individual could think no one would notice.
Consequently, if he did it in order to stir up a controversy, in turn to increase his profile and perhaps his marketability (the cynical view of the situation), one is forced to conclude that, in terms of the former/profile goal, he has succeeded admirably while, in terms of the later/marketability, he has likely failed although the jury of history is still out.
Speaking from the cynical, exploitative, purely commercial point of view, I would be fascinated to see a show featuring the two sets of work hung together. (In the LA Times story, Burdeny’s gallerist is quoted as proposing this to Leong’s; could there have been some prior, idle chat about this as a project?) I would be sorely tempted to purchase a well produced, high quality book containing their work compared. With a well thought out commentary.
But of course the collective of moral outrage and the financial interests of some of the parties involved are going to make it a long wait before my curiosity is sated. If it ever is. Who knows, taken in the abstract and in so far as any of this work is interesting at all — another aspect of the situation that has gone missing in the discussion — Burdeny’s pictures may be, what should I say?, “better
“, “more compelling”… than Leong’s.
Personally, I think it’s time the blogsphere called a moratorium on this controversy and moved on. It’s becoming more and more difficult to see these posts as other than traffic enhancement devices with very little added value, few if any new insights or hard data. For myself and I’m sure some may be delighted to hear it, this will be my last comment on the matter (and the last time I read anything that contains ‘plagiarism’ in its title.)
Link | March 13th, 2010 at 10:24 am
Mark Power wrote,
Ed, Many thanks for your thoughts. Doubtless i was a bit overzealous in dismissing the variations between the images. nevertheless I still hold to my original argument. l certainly agree: motivation is indeed puzzling.Are we the victim of a conceptual put-on to bring the issue of plagiarism to the fore? As far as cost goes I still maintain that it is likely Burdeny made his images by rephotographing the Chinese photographer’s work, in which case, cost would be minimal. There is no other way to explain the consistency between images that ostensibly were taken two and three years apart. As far as relative quality goes to my mind it seems to all belong to Leong; it is his vision that is being complimented and it is Burdeny who ends up being compromised by his brazen thefts. I too would welcome a thorough scientific investigation of the similarity between the two works with documentation from Burdeny regarding his travels and photographs of each artist’s negatives and digital files.
Link | March 15th, 2010 at 8:57 am
Dave Fairfax wrote,
Hi Mark,
Enjoyed your story on Burdeny and I agree with your thoughts.
There was a fairly big story a couple of days ago in the Vancouver Sun (Burdeny’s home town) which had a different spin on this whole situation. It turns out the writer suggests that it may have been Leong that copied Burdeny…..?
I was thoroughly disappointed with the article as it was so in favor of Burdeny and it didn’t release some important facts that were mentioned in the LA Times article. Here is the link to the Sun article and the other link is to a response to the Sun’s article from none other than Mark Lamster, LA Times writer.
http://www.vancouversun.com/entertainment/matter+perspective+Canadian+Photo+artist+accused+plagiarism/2663547/story.html
http://www.marklamster.com/
Link | March 15th, 2010 at 9:16 am
Mark Power wrote,
Thanks for your comments, Dave. It seems clear that Leong made the images several years before Burdeny, or at least showed them publicly before, so it would appear the burden of proof is on Burdeny. Also given that time gap I think even the sands of the Sahara would change more in a two or three year interval and certainly one would think the Seine would show more change.
Link | March 15th, 2010 at 9:21 am
Simon King wrote,
I enjoyed reading your argument but am inclined to agree with Ed Nixon’s comments. Some of David Burdeny’s images I prefer, (not that this is any measure of whether a work is plagiarist or not) others are just different. Quite where DB stands on this is something I may look into further but this is a very interesting debate on what does and does not constitute plagiarism (and whether that is such a bad thing)
Link | March 29th, 2010 at 7:04 am
Mahmoud El-Darwish wrote,
Oh gosh. The whole borrowing versus stealing thing is old as the hills. T.S. Eliot had a brilliant take on it. Something to the effect of:
Good poets borrow, bad poets steal. If you Google that phrase, you’ll land on some fascinating takes on the subject.
Intent is as difficult to pinpoint in art as it is in law or psychology.
To put fire to the feet of this controversy, you’d have to put the concept of collective subconscious to trial as well.
I’ve just finished my studies for patent searching and the legal system is excellent in this regard. The imprimatur of the date stamp, belongs to the the first inventor. Copyright law is the same.
But in visual arts? How to define plagiarism?
Perhaps the ‘after’ so and so suffix to define the work as an homage, should become a standard.
Link | April 9th, 2010 at 5:32 pm
David Allison wrote,
Mark,
I enjoyed seeing you and your talk last night at NOVA. Your
books and blog writings are wonderful.
David
Link | April 13th, 2010 at 7:25 am
Mahmoud El-Darwish wrote,
For your convenience, I’m pasting in what is alleged to be the T.S.Eliot attribution, from which so many bastardizations seem to have sprung!
One of the surest tests [of the superiority or inferiority of a poet] is the way in which a poet borrows. Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different. The good poet welds his theft into a whole of feeling which is unique, utterly different than that from which it is torn; the bad poet throws it into something which has no cohesion. A good poet will usually borrow from authors remote in time, or alien in language, or diverse in interest.
Link | April 14th, 2010 at 7:46 pm
Mark Power wrote,
Thanks Mahmoud, for the Eliot elaboration. I skimmed my quote file and came up with a few relevant thoughts..architect Philip Johnson said
“What makes Mies [van der Rohe] such a great influence is that he is so easy to copy.” Writer John Gardner once commented: “The noblest originality is not stylistic but visionary.” Science fiction guru William Gibson long ago gave appropriationists their credo: “who owns the music and the rest of our culture? We do — all of us — though not all of us know it yet. Reality cannot be copyrighted.” and Malcolm Bradbury certainly echoed my own feelings when he observed “The struggle with influence is part of the pleasure in finding your own way.” Actor Michael Caine, perhaps after finishing reading the Waste Land, said: “I only steal from the best people”.
Journalist Michiko Kakutani recently wrote a provocative article for the New York Times, “Texts Without Context” in which she observed, “…the recycling and cut-and-paste esthetic has resulted in tired imitations; cheap, lazy re-dos; or works of “appropriation” designed to generate controversy … Lady Gaga is third-generation Madonna; many jukebox or tribute musicals… do an embarrassing disservice to the artists who inspired them; and the rote remaking of old television shows into films not to mention the recycling of video games into movies often seem as pointless as they are now predictable.”
Link | April 15th, 2010 at 3:55 pm
Mahmoud wrote,
Mark. I can’t seem to get this subject out of my head – it’s so interesting! I wonder if you might expand into a longer article or a book even? I’m certain there’s fodder a-plenty for it.
Lessons I’ve learned from this dialogue so far:
– The current ‘mainstream’ art voyeur is too ignorant of art history to manage even the slightest ‘matching’ of original to copy; giving plagiarists cover they may not have enjoyed in the past.
– Probing the validity of the term ‘Art’ with reference to a photograph of an art object, such as a landscape, cityscape or else; I’m compelled to ask, “are we not splitting hairs when we accuse some one of copying a copy cat”?
– Combining Michiko Kakutani’s, T.S.Eliot’s and US Copyright Law, we can easily differentiate a legit improvement on the original, from a hackneyed copy, by virtue of a standard of excellence that is much harder to codify in art than it is in manufacture or process. Still, Lady Gaga may well surpass her mentor, Madonna, but we’ll have to wait for history to pass that judgement. We can only enjoy the show for now
Link | April 22nd, 2010 at 12:39 pm
diana adams wrote,
it seems such a subtle difference between copying and commenting on someone else’s work. geoff dyer’s book is eloquent about the conversation between photographers on certain subjects…like blind beggars, or …calla lilies. i think you’re right about the straightforward acknowledgment of what you’re up to.
the lack of art history or history of photography (not unrelated but still somewhat separate) is another issue here. i find many many (young) photographers who have never studied the history of photography. they comment on each other’s work and copy and so on…j
Link | May 30th, 2010 at 10:42 pm
Mahmoud wrote,
Diana. Your observation is astute. “…lack of art history (education) or history of photography…”
America in particular, seems to enjoy an endless cycle of revisionism– wherein our youth, lacking in imagination or a willingness to discover or innovate, are content to rediscover, rehash and copy– enjoying a perverse gratification in duplicating the resulting artifacts, without duplicating the effort of discovery. That’s the difference between art and craft.
So what’s the solution exactly? How do we educate the obstinate, into a new era of discovery?
I like Mark’s old class assignments. I still remember them and they serve me well to this day. This one in particular is always a great challenge:
“Make a photograph that contains no sign of your ego whatsoever”.
Link | June 7th, 2010 at 9:49 am
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Link | January 13th, 2011 at 6:24 am