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Copyright Protection for Artistic Works: the Challenges Posed by Conceptual Art - Essay Example

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The discussion "The Challenges Posed by Conceptual Art" analyzes copyright Protection for Artistic Works. Copyright protection is best understood as the optimal balance between the limited monopoly granted to creators of artistic works…
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Copyright Protection for Artistic Works: the Challenges Posed by Conceptual Art
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Extract of sample "Copyright Protection for Artistic Works: the Challenges Posed by Conceptual Art"

Download file to see previous pages This essay stresses that in the United States copyright is seen as some form of a legal concept, which is created by governments, to give owners of original works protection against illegal reproduction of their works, and also offers the creators total rights of ownership, but within the limited time span. In the United States, this protection is offered within “Title 17, US Code.” It majorly covers “original works of authorship,” which has to be presented in a tangible medium. This protection recognizes original creations right from the time they are made and presented in these tangible forms, and it does not matter whether or not the work is published. It also does not matter whether or not the work is registered at the copyright office. However, this protection is only guaranteed if a work meets some prerequisites. The first of such perquisites is that this work must be presented in a medium that permits the audience to see, read, or hear the creator’s expressions. This may be done directly or through a machine. Secondly, the artist must prove beyond any reasonable doubt that the work is their original creation. The novelty of the work must be directly associated with the artist. Finally, the work must portray at least a bit of creativity, especially on the part of the artist. Creativity is very mandatory because one of the main objectives of copyright law is to enhance creativity among artists. It is the little expression of creativity that the law is seeking to build. Copyright protection is best understood....
This essay discusses that there is a general feeling that the copyright law has seriously contributed to the dematerialisation of conceptual art. This has, in turn, fuelled some serious legal challenges, especially concerning how a conceptual artist should define their art, and move on to consequently protect the work from plagiarism and piracy. It is relatively true, though unfortunate, that the copyright law has added more stumbling blocks on the conceptual artists’ way to protecting their works from unauthorized, if not illegal, reproduction by others who are out to reap where they have not sown.
In the ultimate analysis, the dematerialisation of conceptual art leaves us wondering who exactly should benefit from these rare forms of art. It also leaves us wondering who exactly should have legal rights over these artistic creations. I somehow feel hopeless and helpless, as if I were among the few conceptual artists, who have of late abandoned the works they know best to venture into other forms of art with minimal legal hustles, especially when it comes to rights protection.
If the conceptual artists have little say in their works when they are still alive, what is the possibility that these works will survive them once they die? It may sound light, but the future of conceptual arts seems to be very uncertain if not dim. It is only through a reconsideration of earlier rulings that conceptual artists will gain at least some motivation to continue creating this unique form of art.



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