Is art what you can get away with? Copyright Law is useless for Dagoretti-based visual artists
DOI:
https://doi.org/10.52907/wahia.v1i1.519Abstract
This section explores the relationship between copyright law and the visual arts. It looks at the historical development of appropriation and imitation culminating in piracy. It highlights the importance of protecting creative expressions through legal frameworks and their limitations. It uses the lived experiences of the visual artists from Dagoretti to tell their stories and determine if copyright is useful.
References
Abram, H. B. (2006). The Law of Copyright (Vol. 2). Thomson West.
Alder, A., & Fromer, J. C. (2019). Taking Intellectual Property into Their Own Hands. California Law Review, 107.
Amerika, M. (2011). Appropriation. Remix The Book. http://www.remixthebook.com/the-course/appropriation
Appel, G., Libai, B., & Muller, E. (2018). On the monetary impact of fashion design piracy. International Journal of Research in Marketing, 35(4), 591–610.
Bouchoux, D. (2013). Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets (Fourth). Delmar, Cengage Learning.
Collopy, D., Drye, T., Koempel, F., Jenner, P., & Carey, C. (2017). Share and Share Alike: The Challenges from Social Media for Intellectual Property Rights. Intellectual Property Office. Copyright (Amendment) Act, 20 of 2019 (2019).
Crawford, T. (2022). Legal Guide for the Visual Artist. Allworth Press.
Dewis, G. (2017). Photograph Like a Thief. Rocky Nook Inc.
Gervais, D. J. (Ed.). (2020). Fairness, Morality and Ordre Public in Intellectual Property. Edward Elgar Publishing Limited.
Gontarczuk, M. (2017). Beyond Imitation and Influence. The Notion of Appropriation In Modern And Contemporary Fine Arts. Central Saint Martins College, The University of the Arts London.
Hick, D. H. (2017). Artistic License The Philosophical Problems of Copyright and Appropriation. The University of Chicago Press.
Hoptman, L. (2015). The Forever Now: Contemporary Painting in an Atemporal World. MOMA.
Lesso, R. (2023, September 22). What Is Appropriation in Art? TheCollector.Com. https://www.thecollector.com/what-is-appropriation-in-art/.
Lucken, M. (2016). Imitation and Creativity in Japanese Arts From Kishida Ryūsei to Miyazaki Hayao. Columbia University Press.
Rahayu, K., & Taufik, M. (2024). Law Enforcement Of Copyright As An Effort To Strengthen The Creative Economy. International Journal of Society Reviews, 2(4), 1025–1035.
Sanders, J. (2018, June 20). How Fine Art is Protected from Piracy and Fraud. CreativeFuture. https://www.creativefuture.org/protecting-fine-art/
Stewart, J. B. (2014, November 28). With Art, Investing in Genius. The New York Times.
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