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Aesthetics Commons

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Full-Text Articles in Aesthetics

The Aesthetics Of Copyright Adjudication, Glen Cheng Jan 2012

The Aesthetics Of Copyright Adjudication, Glen Cheng

Glen Cheng

The American legal system is unable to continue avoiding the question of art versus non-art. In particular, questions of copyrightability often hinge on art-status. Yet art is a constantly evolving, reflexive field in which artists and philosophers continually challenge the status quo. Judges would benefit from analyzing claims to art-status under the objectivity provided by well-developed aesthetic theories, aided by expert testimony when needed. After reviewing several major philosophies of art, this article proposes a framework for adjudicating art-status based on an aesthetic theory known as the Historical Definition of Art. Furthermore, to balance copyright law's purpose of protecting innovation …


Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic Jan 2009

Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic

Sefik Tatlic

Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.