The Case of Silk Sandals and Jeff Koons: Appropriation in Art, Copyright Infringement and Fair Use
The Case of Silk Sandals and Jeff Koons: Appropriation in Art, Copyright Infringement and Fair Use

Summary/Abstract: The paper deals with an overview regarding the so-called appropriation in art. The author presents - through a lawsuit (Blanch v. Koons, 2006) - the question of appropriation in art; whether the latter falls under the fair use doctrine or it constitutes copyright infringement. The present analysis will concentrate on the case-law of the United States, although the problem exists in several European countries (there are far more copyright lawsuits regarding appropriation in art in the United States). The essay wishes to summarize the legal literature, the recent publications and overviews, finally the effects of the past twenty years of case-law on the present procedures.

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