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Fair Use And Appropriation Art, Niels Schaumann
Fair Use And Appropriation Art, Niels Schaumann
Faculty Scholarship
Part I provides some background regarding aesthetic vocabulary in the arts, and traces the use of appropriated images in the twentieth- and twenty-first centuries. Part II discusses the general application of copyright law to appropriation art. Part III examines the current status of the fair use cases that address appropriation art and concludes that the fair use results are better than before, largely because of the ascendancy of “transformativeness” as an important fair use factor. It also concludes, however, that fair use remains insufficient to protect appropriation art. Finally, Part IV re-proposes a solution—an exception to copyright, limited to fine …
Competing Legal Cultures And Legal Reform: The Battle Of Chile, James Cooper
Competing Legal Cultures And Legal Reform: The Battle Of Chile, James Cooper
Faculty Scholarship
This Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country's legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while the importance …
Martha Graham, Professor Miller And The Work For Hire Doctrine, Nancy Kim
Martha Graham, Professor Miller And The Work For Hire Doctrine, Nancy Kim
Faculty Scholarship
The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, I advocate abolishing the all-or-nothing concept of …