Fair use or infringement Copyright in art Dissertation

Fair delectation or trespass Copyright in art - Dissertation manakinIn 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 rectitudes. 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 world acknowledged widely as an integral part of art, where elements or ideas atomic number 18 borrowed for creating new artwork, critics claim that copy artists while appropriating, often violate copyright laws and dispute 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 amid fair use and copyright infringement as regards copyright law and appropriation art, while deriving how courts/ renders 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 harm 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 judgement in this case, as awarded by the U.S. district court judgeDeborah Batts,was a first of its kind, where the judge declared Prince guilty of violating copyright laws and infringing on Carious copyrights, by using Carious photographs for creating Canal Zone collages. The ruling further clarified that Prince fail ed to meet the four standards used in Fair Use principle, and the paintings (worth millions) stand the pretend 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 over 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 germinal expression. Therefore, there is a general feeling that freedom of artists maybe in curbed in the near future through legal intervention in the reach of copyright laws. TheUS 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 A rticle I (s. 8 - Clause 8), referred to asthe Copyright Clause, where it is clearly stated The Congress shall have reasonTo 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.