The Interplay between Contemporary Art and Copyright Law

Authors

  • Annamma Samuel DPIIT IPR Chair Professor, Gujarat National Law University, Gujarat — 382 421, India
  • Rachel Florence James Boston University School of Law, Boston, MA 02215, United States

DOI:

https://doi.org/10.56042/jipr.v28i6.1518

Keywords:

Appropriation Art, Copyright Law, Fair Use Rule, Derivative Work, Fixation Requirement

Abstract

The Law of Copyright is capable of facilitating creativity as well as hindering it. Art has progressed over the years and the past few decades witnessed the expression of art in several forms. The market for contemporary art is thriving and this raises a very important question: Should the ambit of copyright law be extended or modified to protect newer forms of art work? As the art movement across the world is undergoing some dynamic changes, it becomes necessary to study the art protection laws across jurisdictions to hatch a regulatory framework, especially for contemporary artworks like appropriation art which are two fields of expression that are trickier than others. This article aims to provide a comprehensive deep-dive into the sufficiency of law and the changes that need to be made to both secure economic and moral rights of the creator and incentivize new art, but also to not thwart away the existing regime to accommodate trivial ideas, drifted from expression.

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Published

2023-11-08

How to Cite

The Interplay between Contemporary Art and Copyright Law. (2023). Journal of Intellectual Property Rights (JIPR), 28(6), 489-499. https://doi.org/10.56042/jipr.v28i6.1518

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