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Art

Chicago-Kent Journal of Intellectual Property

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Full-Text Articles in Law

Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern Jun 2016

Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern

Chicago-Kent Journal of Intellectual Property

No abstract provided.


(Mis)Appropriation Art: Transformation And Attribution In The Fair Use Doctrine, John Carl Zwisler Jan 2016

(Mis)Appropriation Art: Transformation And Attribution In The Fair Use Doctrine, John Carl Zwisler

Chicago-Kent Journal of Intellectual Property

Since the adoption of transformation by the Supreme Court, judicial decisions have continued to expand the fair use doctrine. Relying on transformation has led judges to subjectively critique and analyze artwork in order to make a legal decision. However, while a majority of circuits apply transformation, it is not followed by all of them. Transformation should no longer be a requirement in a fair use analysis concerning appropriation art, because it first requires subjective interpretation of an artist’s work. Transformation also gives an advantage to artists appropriating the work, claiming fair use of another’s copyrighted work. Instead, the emphasis should …


Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett Jul 2013

Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett

Chicago-Kent Journal of Intellectual Property

This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.