Franchise

is the practice of using another firm’s successful business model. The word ‘franchise’ is of anglo-french derivation - from franc- meaning free, and is used both as a noun and as a (transitive) verb.

For the franchisor, the franchise is an alternative to building ‘chain stores’ to distribute goods and avoid investment and liability over a chain. The franchisor’s success is the success of the franchisees. The franchisee is said to have a greater incentive than a direct employee because he or she has a direct stake in the business.

However, except in the US, and now in China (2007) where there are explicit Federal (and in the US, State) laws covering franchise, most of the world recognizes ‘franchise’ but rarely makes legal provisions for it. Only Australia, France and Brazil have significant Disclosure laws but Brazil regulates franchises more closely.

Where there is no specific law, franchise is considered a distribution system, whose laws apply, with the trademark (of the franchise system) covered by specific covenants.

www.franchise.org

www.thebfa.org

Institutional Critique

Institutional Critique is an art term that describes the systematic inquiry into the workings of art institutions, for instance galleries and museums, and is most associated with the work of artists such as Michael Asher, Marcel Broodthaers, Daniel Buren, Andrea Fraser, Fred Wilson and Hans Haacke.

In more technical terms, Institutional Critique is an artistic term meant as a commentary of the various institutions and assumed normalities of art and/or a radical disarticulation of the institution of art (radical is linguistically understood in its relation to radix which means to get to the root of something). For instance, assumptions about the supposed aesthetic autonomy or neutrality of painting and sculpture are often explored as a subject in the field of art, and are then historically and socially mapped out (i.e., ethnographically and or archaeologically) as discursive formations, then (re)framed within the context of the museum itself. As such, it seeks to make visible the historically and socially constructed boundaries between inside and outside, public and private. Institutional critique is often critical of how of the distinctions of taste are not separate from aesthetic judgement, and that taste is an institutionally cultivated sensibility.

Among others since the late 80’s or more recently Matthieu Laurette, Graham Harwood, Carey Young and Anton Koslov Mayr, all of whom have typically taken a critical eye to the modern art museum and its role as a public and private institution.

One of the criticisms of institutional critique is its complexity. As many have noted, it is a practice that often only advanced artists, theorists, historians, and critics can participate in. Due to its highly sophisticated understanding of modern art and society, as part of a privileged discourse like that of any other specialized form of knowledge, it can often leave layman viewers alienated and/or marginalized.

Another criticism is that it can be a misnomer, since it could be argued that institutional critique artists often work within the context of the very same institutions. Most institutional critique art, for instance, is displayed in museums and galleries, despite its critical stance towards them.

Affirmation

In logic, an affirmation is a positive judgment, the union of the subject and predicate of a proposition.

In philosophy and logic, proposition refers to either

(a) the content or meaning of a meaningful declarative sentence or

(b) the pattern of symbols, marks, or sounds that make up a meaningful declarative sentence.

In art, an affirmation is a positive statement, an endorsement of a certain  position in the range of artistic functions. It´s the union of the subject and the work in the art market.

In art, the market refers to either

(a) the content or meaning of a marketable declared artwork

(b) the pattern of symbols, marks or interactions that make up a marketable declared artwork.

Artworks in either case are intended to be truth-bearers, that is, they are either true or false concerning selling or an augmentation in market value.

Appropriation Art

In the visual arts, to appropriate means to adopt, borrow, recycle or sample aspects (or the entire form) of man-made visual culture. Strategies include “re-vision, re-evaluation, variation, version, interpretation, imitation, proximation, supplement, increment, improvisation, prequel… pastiche, paraphrase, parody, forgery, homage, mimicry, travesty, shan-zhai, echo, allusion, intertextuality and karaoke.” The term appropriation refers to the use of borrowed elements in the creation of a new work (as in ‘the artist uses appropriation’) or refers to the new work itself (as in ‘this is a piece of appropriation art’). Art practices involve the ‘appropriation’ of ideas, symbols, artefacts, image, sound, objects, forms or styles from other cultures, from art history, from popular culture or other aspects of man made visual or non visual culture. Inherent in the process of appropriation is the fact that the new work recontextualizes whatever it borrows to create the new work. In most cases the original ‘thing’ remains accessible as the original, without change.

Anthropologists have studied the process of appropriation, or cultural borrowing (which includes art and urbanism), as part of cultural change and contact between different cultures.

The terms of appropriation and variation on a theme are sometimes used interchangeably.

Despite the long and important history of appropriation, this artistic practice has recently resulted in contentious copyright issues which reflects more restrictive copyright legislation. The U.S. has been particularly litigious in this respect. A number of case-law examples have emerged that investigate the division between transformative works and derivative works. Many countries are following the U.S lead toward more restrictive copyright, which risks making this art practice difficult if not illegal.

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Appropriation Art (englisch “appropriation” = Aneignung), auch deutsch gesprochen Appropriation, ist eine Ausdrucksform des zeitgenössischen künstlerischen Schaffens. Sie wird meist der Konzeptkunst zugerechnet.

Im engeren Sinn spricht man von Appropriation Art, wenn Künstler bewusst und mit strategischer Überlegung die Werke anderer Künstler kopieren, wobei der Akt des Kopierens und das Resultat selbst als Kunst verstanden werden sollen (andernfalls spricht man von Plagiat oder Fälschung).

Im weiteren Sinne kann Appropriation Art jede Kunst sein, die sich mit vorgefundenem ästhetischem Material beschäftigt, z. B. mit Werbefotografie, Pressefotografie, Archivbildern, Filmen, Videos etc. Es kann sich dabei um exakte, detailgetreue Kopien handeln; es werden aber auch oft in der Kopie Manipulationen an Größe, Farbe, Material und Medium des Originals vorgenommen.

Diese Aneignung in der Appropriation Art kann in kritischer Absicht oder als Hommage erfolgen.

Arbeiten der Appropriation Art beschäftigen sich meist mit abstrakten Eigenschaften von Kunstwerken und des Kunstmarktes selbst. Sie problematisieren durch den Akt der Aneignung fundamentale Kategorien der Kunstwelt wie Autorschaft, Originalität, Kreativität, geistiges Eigentum, Signatur, Marktwert, Museumsraum (sog. White Cube), Geschichte, Gender, Subjekt, Identität und Differenz. Dabei konzentriert sie sich auf Paradoxien und Selbstwidersprüche und macht diese sichtbar und ästhetisch erfahrbar.

Die individuellen Strategien einzelner Künstler differieren sehr stark, so dass ein einheitliches Gesamtprogramm nicht leicht auszumachen ist. Viele Künstler, die der Appropriation Art zugerechnet werden, bestreiten, Teil einer “Bewegung” zu sein. “Appropriation Art” ist demnach nur ein Label, das in der Kunstkritik seit den frühen 80er Jahren benutzt wird und durchaus umstritten ist.

Die eingesetzten Techniken sind vielfältig. Appropriation wird u. a. mit Malerei, Fotografie, Filmkunst, Skulptur, Collage, Environment und Happening/Performance betrieben.

Conceptual Art

Conceptual art is art in which the concept(s) or idea(s) involved in the work take precedence over traditional aesthetic and material concerns. Many of the works, sometimes called installations, of the artist Sol LeWitt may be constructed by anyone simply by following a set of written instructions. This method was fundamental to LeWitt’s definition of Conceptual art, one of the first to appear in print:

In conceptual art the idea or concept is the most important aspect of the work. When an artist uses a conceptual form of art, it means that all of the planning and decisions are made beforehand and the execution is a perfunctory affair. The idea becomes a machine that makes the art.

—Sol LeWitt

Tony Godfrey, author of “Conceptual Art” (1998), asserts that conceptual art questions the nature of art[3], a notion that Joseph Kosuth elevated to a definition of art itself in his seminal, early manifesto of conceptual art, “Art after Philosophy” (1969). The notion that art should examine its own nature was already a potent aspect of (the influential art critic) Clement Greenberg’s vision of Modern art during the 1950s. With the emergence of an exclusively language-based art in the 1960s, however, conceptual artists such as Joseph Kosuth, Lawrence Weiner and the English Art & Language group began a far more radical interrogation of art than was previously possible (see below). One of the first and most important things they questioned was the common assumption that the role of the artist was to create special kinds of material objects.

Through its association with the Young British Artists and the Turner Prize during the 1990s, in popular usage, particularly in the UK, “conceptual art” came to denote all contemporary art that does not practise the traditional skills of painting and sculpture. It could be said that one of the reasons why the term “conceptual art” has come to be associated with various contemporary practices far removed from its original aims and forms lies in the problem of defining the term itself. As the artist Mel Bochner suggested as early as 1970, in explaining why he does not like the epithet “conceptual”, it is not always entirely clear what “concept” refers to, and it runs the risk of being confused with “intention.” Thus, in describing or defining a work of art as conceptual it is important not to confuse what is referred to as “conceptual” with an artist’s “intention.”

Conceptual art also reacted against the commodification of art; it attempted a subversion of the gallery or museum as the location and determiner of art, and the art market as the owner and distributor of art. Lawrence Weiner said: “Once you know about a work of mine you own it. There’s no way I can climb inside somebody’s head and remove it.”

Post-conceptual Art

The first wave of the “conceptual art” movement extended from approximately 1967 to 1978. Early “concept” artists like Henry Flynt, Robert Morris, and Ray Johnson influenced the later, widely accepted movement of conceptual art. Conceptual artists like Dan Graham, Hans Haacke, and Lawrence Weiner have proven very influential on subsequent artists, and well known contemporary artists such as Mike Kelley or Tracey Emin are sometimes labeled “second- or third-generation” conceptualists, or “post-conceptual” artists.

Many of the concerns of the conceptual art movement have been taken up by contemporary artists. While they may or may not term themselves “conceptual artists”, ideas such as anti-commodification, social and/or political critique, and ideas/information as medium continue to be aspects of contemporary art, especially among artists working with installation art, performance art, net.art and electronic/digital art.

Patronage

Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors. It can also refer to the right of bestowing offices or church benefices, the business given to a store by a regular customer, and the guardianship of saints. The term derives from the Latin patrons, the formal relationship between a Patronus and his Cliens.

In some countries the term is used to describe political patronage, which is the use of state resources to reward individuals for their electoral support. Some patronage systems are legal, as in the Canadian tradition of allowing the Prime Minister to appoint the heads of a number of commissions and agencies; in many cases, these appointments go to people who have supported the political party of the Prime Minister. As well, the term may refer to a type of corruption or favoritism in which a party in power rewards groups, families, ethnicities for their electoral support using illegal gifts or fraudulently-awarded appointments or government contracts.

From ancient world onward patronage of the arts was important in art history. It is known in greatest detail in reference to pre-modern medieval and Renaissance Europe, though patronage can also be traced in feudal Japan, the traditional Southeast Asian kingdoms, and elsewhere—art patronage tended to arise wherever a royal or imperial system and an aristocracy dominated a society and controlled a significant share of resources. Samuel Johnson defined a patron as “one who looks with unconcern on a man struggling for life in the water, and, when he has reached ground, encumbers him with help”.

Rulers, and very wealthy used patronage of the arts to endorse their political ambitions, social positions, and prestige. That is, patrons operated as sponsors. Some languages still use the term mecenate, derived from the name of Gaius Maecenas, generous friend and adviser to the Roman Emperor Augustus. Some patrons, such as the Medici of Florence, used artistic patronage to “cleanse” wealth that was perceived as ill-gotten through usury. Art patronage was especially important in the creation of religious art. The Roman Catholic Church and later Protestant groups sponsored art and architecture, as seen in churches, cathedrals, painting, sculpture, and handicrafts.

While sponsorship of artists and the commissioning of artwork is the best-known aspect of the patronage system, other disciplines also benefitted from patronage including those who studied natural philosophy (pre-modern science), musicians, writers, philosophers, alchemists, astrologers, and other scholars. Artists as diverse and important as Chrétien de Troyes, Leonardo da Vinci and Michelangelo, William Shakespeare, and Ben Jonson all sought and enjoyed the support of noble or ecclesiastical patrons. Figures as late as Mozart and Beethoven also participated in the system to some degree; it was only with the rise of bourgeois and capitalist social forms in the 19th century that European culture moved away from its patronage system to the more publicly-supported system of museums, theatres, mass audiences and mass consumption that is familiar in the contemporary world.

This kind of system continues across many fields of the arts. Though the nature of the sponsors has changed—from churches to charitable foundations, and from aristocrats to plutocrats—the term patronage has a more neutral connotation than in politics. It may simply refer to direct support (often financial) of an artist, for example by grants. In the later part of the 20th century the academic sub-discipline of patronage studies began to evolve, in recognition of the important and often neglected role that the phenomenon of patronage had played in the cultural life of previous centuries.

Auto-destructive Art

Auto-destructive art is a term invented by the artist Gustav Metzger in the early 1960s and put into circulation by his article Machine, Auto-creative and Auto-destructive Art in the summer 1962 issue of the journal Ark. From 1959, he had made work by spraying acid onto sheets of nylon as a protest against nuclear weapons. The procedure produced rapidly changing shapes before the nylon was all consumed, so the work was simultaneously auto-creative and auto-destructive.

In 1966, Metzger and others organised the Destruction in Art Symposium in London. This was followed by another in New York in 1968. The Symposium was accompanied by public demonstration of Auto-destructive art including the burning of Skoob Towers by John Latham. These were towers of books (skoob is books in reverse) and Latham’s intention was to demonstrate directly his view that Western culture was burned out.

In 1960, the Swiss artist Jean Tinguely made the first of his self-destructive machine sculptures, Hommage a New York, which battered itself to pieces in the Sculpture Garden of the Museum of Modern Art, New York.

Pete Townshend of The Who would later relate destroying his guitar on stage to auto-destructive art.

Japanese Noise/Performance Art band the Hanatarash would create entire performances out of destroying their sets with power tools and with other non musical instruments, and the sound produced being the focus, essentially producing ‘art’ based on complete destruction.

Trademark

A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.

Brand

A brand is the identity of a specific product, service, or business. A brand can take many forms, including a name, sign, symbol, color combination or slogan. The word brand began simply as a way to tell one person’s cattle from another by means of a hot iron stamp. A legally protected brand name is called a trademark. The word brand has continued to evolve to encompass identity - it affects the personality of a product, company or service.

A brand is the personality that identifies a product, service or company (name, term, sign, symbol, or design, or combination of them) and how it relates to key constituencies: Customers, Staff, Partners, Investors etc.

Some people distinguish the psychological aspect, brand associations like thoughts, feelings, perceptions, images, experiences, beliefs, attitudes, and so on that become linked to the brand, of a brand from the experiential aspect.

The experiential aspect consists of the sum of all points of contact with the brand and is known as the brand experience. The psychological aspect, sometimes referred to as the brand image, is a symbolic construct created within the minds of people and consists of all the information and expectations associated with a product or service.

People engaged in branding seek to develop or align the expectations behind the brand experience, creating the impression that a brand associated with a product or service has certain qualities or characteristics that make it special or unique. A brand is therefore one of the most valuable elements in an advertising theme, as it demonstrates what the brand owner is able to offer in the marketplace. The art of creating and maintaining a brand is called brand management. Orientation of the whole organization towards its brand is called brand orientation.

Careful brand management seeks to make the product or services relevant to the target audience. Brands should be seen as more than the difference between the actual cost of a product and its selling price - they represent the sum of all valuable qualities of a product to the consumer. There are many intangibles involved in business, intangibles left wholly from the income statement and balance sheet which determine how a business is perceived. The learned skill of a knowledge worker, the type of mental working, the type of stitch: all may be without an ‘accounting cost’ but for those who truly know the product, for it is these people the company should wish to find and keep, the difference is incomparable.

A brand which is widely known in the marketplace acquires brand recognition. When brand recognition builds up to a point where a brand enjoys a critical mass of positive sentiment in the marketplace, it is said to have achieved brand franchise. One goal in brand recognition is the identification of a brand without the name of the company present. For example, Disney has been successful at branding with their particular script font (originally created for Walt Disney’s “signature” logo), which it used in the logo for go.com.

Consumers may look on branding as an important value added aspect of products or services, as it often serves to denote a certain attractive quality or characteristic (see also brand promise). From the perspective of brand owners, branded products or services also command higher prices. Where two products resemble each other, but one of the products has no associated branding (such as a generic, store-branded product), people may often select the more expensive branded product on the basis of the quality of the brand or the reputation of the brand owner.

Niche Marketing

Niche marketing is the process of finding and serving profitable market segments and designing custom-made products or services for them. For big companies those market segments are often too small in order to serve them profitably as these market segments often lack economies of scale. Niche marketers are often reliant on the loyalty business model to maintain a profitable volume of sales.

Guerillia Marketing

The concept of guerrilla marketing was invented as an unconventional system of promotions that relies on time, energy and imagination rather than a big marketing budget. Typically, guerrilla marketing campaigns are unexpected and unconventional; potentially interactive; and consumers are targeted in unexpected places. The objective of guerrilla marketing is to create a unique, engaging and thought-provoking concept to generate buzz, and consequently turn viral. The term was coined and defined by Jay Conrad Levinson in his book Guerrilla Marketing. The term has since entered the popular vocabulary and marketing textbooks.

Guerrilla marketing involves unusual approaches such as intercept encounters in public places, street giveaways of products, PR stunts, any unconventional marketing intended to get maximum results from minimal resources. More innovative approaches to Guerrilla marketing now utilize cutting edge mobile digital technologies to really engage the consumer and create a memorable brand experience.

Levinson says that when implementing guerrilla marketing tactics, small size is actually an advantage instead of a disadvantage. Small organizations and entrepreneurs are able to obtain publicity more easily than large companies as they are closer to their customers and considerably more agile.
Yet ultimately, according to Levinson, the Guerrilla marketeer must “deliver the goods”. In The Guerrilla Marketing Handbook, he states: “In order to sell a product or a service, a company must establish a relationship with the customer. It must build trust and support. It must understand the customer’s needs, and it must provide a product that delivers the promised benefits.”

Viral Marketing

The buzzwords viral marketing and viral advertising refer to marketing techniques that use pre-existing social networks to produce increases in brand awareness or to achieve other marketing objectives (such as product sales) through self-replicating viral processes, analogous to the spread of pathological and computer viruses. It can be word-of-mouth delivered or enhanced by the network effects of the Internet. Viral promotions may take the form of video clips, interactive Flash games, advergames, ebooks, brandable software, images, or even text messages.

The goal of marketers interested in creating successful viral marketing programs is to identify individuals with high Social Networking Potential (SNP) and create viral messages that appeal to this segment of the population and have a high probability of being taken by another competitor. The term “viral marketing” has also been used pejoratively to refer to stealth marketing campaigns—the unscrupulous use of astroturfing on-line combined with undermarket advertising in shopping centers to create the impression of spontaneous word of mouth enthusiasm.

Contemporary Art

Contemporary art can be defined variously as art produced at this present point in time or art produced since World War II. The definition of the word contemporary would support the first view, but museums of contemporary art commonly define their collections as consisting of art produced since World War II.

Contemporary art is exhibited by commercial contemporary art galleries, private collectors, corporations, publicly funded arts organizations, contemporary art museums or by artists themselves in artist-run spaces. Contemporary artists are supported by grants, awards and prizes as well as by direct sales of their work.

There are close relationships between publicly funded contemporary art organisations and the commercial sector. For instance, in Britain a handful of dealers represent the artists featured in leading publicly funded contemporary art museums.

Modern Art

Modern art refers to artistic works produced during the period extending roughly from the 1860s to the 1970s, and denotes the style and philosophy of the art produced during that era. The term is usually associated with art in which the traditions of the past have been thrown aside in a spirit of experimentation. Modern artists experimented with new ways of seeing and with fresh ideas about the nature of materials and functions of art. A tendency toward abstraction is characteristic of much modern art. More recent artistic production is often called Contemporary art or Postmodern art.

Modern art begins with the heritage of painters like Vincent van Gogh, Paul Cézanne, Paul Gauguin, Georges Seurat and Henri de Toulouse Lautrec all of whom were essential for the development of modern art. At the beginning of the 20th century Henri Matisse and several other young artists including the pre-cubist Georges Braque, André Derain, Raoul Dufy and Maurice de Vlaminck revolutionized the Paris art world with “wild”, multi-colored, expressive, landscapes and figure paintings that the critics called Fauvism. Henri Matisse’s two versions of The Dance signified a key point in his career and in the development of modern painting. It reflected Matisse’s incipient fascination with primitive art: the intense warm color of the figures against the cool blue-green background and the rhythmical succession of the dancing nudes convey the feelings of emotional liberation and hedonism.

Initially influenced by Toulouse Lautrec, Gauguin and other late 19th century innovators Pablo Picasso made his first cubist paintings based on Cézanne’s idea that all depiction of nature can be reduced to three solids: cube, sphere and cone. With the painting Les Demoiselles d’Avignon 1907, Picasso dramatically created a new and radical picture depicting a raw and primitive brothel scene with five prostitutes, violently painted women, reminiscent of African tribal masks and his own new Cubist inventions. Analytic cubism was jointly developed by Pablo Picasso and Georges Braque, exemplified by Violin and Candlestick, Paris, from about 1908 through 1912. Analytic cubism, the first clear manifestation of cubism, was followed by Synthetic cubism, practised by Braque, Picasso, Fernand Léger, Juan Gris, Albert Gleizes, Marcel Duchamp and several other artists into the 1920s. Synthetic cubism is characterized by the introduction of different textures, surfaces, collage elements, papier collé and a large variety of merged subject matter.

The notion of modern art is closely related to Modernism.