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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
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
(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 …
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter
Law Faculty Scholarship
The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while …