Appropriate Testing and Resolution: How to Determine Whether Appropriation Art is Transformative Fair Use or Merely in Unauthorized Derivative.

Authors

Eric D. Gorman

Abstract

This Article addresses the copyright concerns in appropriation art today and concludes that copyright law should be amended to address the complex issues found in this area of the law. Part II provides a background on appropriation art and the different facets of copyright law, including the doctrine of fair use. Part III analyzes whether appropriation art can even be considered “fair use” under the current exceptions of copyright infringement. Part IV discusses various legal tests to determine whether appropriation art that utilizes copyrighted material can exercise the doctrine of fair use against alleged copyright infringement. It also proposes a change to copyright legislation in order to offer more guidance for appropriation art legal issues with regard to the doctrine of fair use and potential copyright infringement. This Article concludes by looking back at copyright infringement versus the doctrine of fair use with regard to appropriation art and how the adoption of the proposed legislation will be more in line with the goals and fairness sought for copyright law.

Publisher

St. Mary's University School of Law

Recommended Citation

Eric D. Gorman, Appropriate Testing and Resolution: How to Determine Whether Appropriation Art is Transformative Fair Use or Merely in Unauthorized Derivative., 43 St. Mary's L.J. (2012).
Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol43/iss2/1