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Full-Text Articles in Law
Appropriation And Transformation, Darren Hudson Hick
Appropriation And Transformation, Darren Hudson Hick
Fordham Intellectual Property, Media and Entertainment Law Journal
The recent decision in Cariou v. Prince has reinvigorated a pressing issue for the contemporary movement of appropriation art: how can art which is defined by its taking from other artworks hope to survive in the world of copyright? In this article, I consider the legal history leading to the Cariou case, including a series of suits brought against appropriation artist Jeff Koons, as well as strategies proposed by several theorists for accommodating appropriation art within the law. Unfortunately, largely due to vagaries of the law and the misunderstood nature of appropriation art, the matter remains unresolved. I argue that, …
The Incompatibility Of Droit De Suite With Common Law Theories Of Copyright, Alexander Bussey
The Incompatibility Of Droit De Suite With Common Law Theories Of Copyright, Alexander Bussey
Fordham Intellectual Property, Media and Entertainment Law Journal
Although proponents have recently been attempting to strengthen droit de suite, or artists' resale royalty rights, throughout the world, all laws based on the right are flawed — so much so that further implementation would have almost none of the positive effects that its sponsors hope for. This is to say that droit de suite, which is meant to protect young artists, actually discourages the creation of art by young artists, and reduces the amount of money an artist can make from a sale. Furthermore, droit de suite conflicts with basic common law notions of copyright and property and is …