The Case of the Appropriation Artist

The Daily Record, September 2008

3 Pages Posted: 8 Feb 2020

See all articles by James B. Astrachan

James B. Astrachan

University of Baltimore - School of Law

Date Written: September 1, 2008

Abstract

The author briefly discusses the issue of using another's photograph in a new artistic work, and whether or not this could be justified under the fair use doctrine or current copyright law, and the possibility of being sued by the owner of the original photo that was used. As an example, the author discusses the case of Jeff Koons v. Andrea Blanch, and how the courts looked upon the use of the original photo in the new work to determine the outcome of that case.

Keywords: fair use, copyright law, Copyright Act, copyright infringement, case studies, photography, Jeff Koons, Deutsche Bank, Andrea Blanch, 'Niagara', transformative use

JEL Classification: K19, K29, K39, L82

Suggested Citation

Astrachan, James B., The Case of the Appropriation Artist (September 1, 2008). The Daily Record, September 2008, Available at SSRN: https://ssrn.com/abstract=1621882 or http://dx.doi.org/10.2139/ssrn.1621882

James B. Astrachan (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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