Artistic License
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Artistic License

The Philosophical Problems of Copyright and Appropriation

Darren Hudson Hick

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eBook - ePub

Artistic License

The Philosophical Problems of Copyright and Appropriation

Darren Hudson Hick

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About This Book

The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it's clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists' rights, both legal and moral.Engaging with long-standing debates about the nature of originality, authorship, and artists' rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.

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Index

abstract objects, 33, 88, 101, 117–18, 132, 166, 196. See also type/token
access, right to/of. See under rights
access control technology, 121, 130
Access Copyright, 128
accidental original, 61
acknowledgment, 9, 28, 69, 125–26, 150, 197
acquisition theory, 110–13, 195
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 183, 190
Airen, 49–50
Strobo, 49
Ai Weiwei, 85
Akiem, DJ Kool, 19
Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191, 201
Allen, Harry, 36
Alligator 2: The Mutation, 40
allographic/autographic distinction. See autographic/allographic distinction
allusion, 23, 56, 188
Amen Break, 16–19, 24, 36, 179, 180
American Society for Aesthetics Newsletter, 31–34
Ames, E. Kenly, 148–50, 153, 199
anti-circumvention provision, 121, 130
Antinguan and Barbudan Copyright Act of 2003, 127
appropriation art, 7, 36, 45, 50, 87, 138, 139–61, 168, 173, 174–75, 198
Appropriation Art Coalition, 45
Aquin, Hubert, 50–51
arbitrariness of the author, 109
Arcangel, Cory
Clouds, 43, 48
Arewa, Olufunmilayo, 16
Arp, Jean (Hans)
According to the Laws of Chance, 109
artistic practice, 5–6, 20, 21, 24, 27–29, 31–48, 75–77, 79, 84, 149, 153, 168, 175, 190
artworld, 41
Ashford, R. T., 12–13
Atari Games Corp v. Oman, 64
attribution, 26, 29, 44, 50, 72–73, 77, 102, 136, 163
Aufderheide, Patricia, 182
Austen, Jane, 67–69, 72–73, 75, 80–81, 83, 188
Pri...

Table of contents