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Fair use or infringement Copyright in art - Dissertation Example

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Table of Contents Abstract 2 1Chapter 1 3 1.1Background study 3 1.2Aims and objectives 11 1.3 Limitations of the study 12 2Chapter 2: Findings/ Discussions 12 Case study 1: Harper & Row, Publishers, Inc. v. Nation Enterprises, and The Ninth Circuit’s Mistaken Interpretation 16 Case study 2: Art Rogers vs…
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Fair use or infringement Copyright in art
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Download file to see previous pages In the last few decades, post WWII (postmodern era), many contemporary works of art (concerning artists and their innovative works of art) have come under debate, as regards infringement or violating copyright laws. Post-modern art era has been highly influenced by global consumerism, resulting in many instances of copying and plagiarism in the field of art. Despite, appropriation being acknowledged widely as an integral part of art, where elements or ideas are borrowed for creating new artwork, critics’ claim that copy artists while appropriating, often violate copyright laws and challenge ethical norms, while stretching the boundaries of plagiarism. However, under current scenario in the US, application of law in appropriation cases remains ambiguous, while the fact that many cases are settled out of court also tend to set a negative precedence. In this paper the researcher, discusses the fine line that exists between fair use and copyright infringement as regards copyright law and appropriation art, while deriving how courts/judges should go about deciding in appropriation between fair use and copyright infringement. The primary aim of the paper is to find a clearer legal stand for modern artists, delineate their creativity limits in terms of law, and find whether the law should be modified or it should just be made clearer and more precise. 1 Chapter 1 1.1 Background study The recent Cariou v Prince case has brought into limelight the issue of ‘Fair Use,’ a contentious topic within the US copyright laws, which until recently was overlooked by mass media. The ruling in this case, as awarded by the U.S. district court judge Deborah Batts, was a first of its kind, where the judge declared Prince guilty of violating copyright laws and infringing on Cariou’s copyrights, by using Cariou’s photographs for creating “Canal Zone” collages. The ruling further clarified that Prince failed to meet the four standards used in ‘Fair Use’ principle, and the paintings (worth millions) stand the chance of being destroyed under court orders (final decision still pending). Here the harsh decision has inevitably raised the question as whether a judge is suitable for making decisions related to art and culture. Some art critics have also expressed worry that in the final court ruling if Richard Prince again stands to lose, the art of appropriation would face a devastating effect where many artists are likely to leave their projects, which is something akin to curbing right to freedom of creative expression. Therefore, there is a general feeling that freedom of artists maybe in curbed in the near future through legal intervention in the form of copyright laws. The US copyright law, a component of the US Federal laws, accords legal protection to the rights of artists and their creative works under the US laws. The copyright law is provided in the US constitution under Article I (s. 8 - Clause 8), referred to as the ‘Copyright Clause,’ where it is clearly stated: “The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” ...Download file to see next pagesRead More
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