About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

43 St. Mary's L.J. 289 (2011-2012)
Appropriate Testing and Resolution: How to Determine Whether Appropriation Art is Transformative Fair Use or Merely in Unauthorized Derivative

handle is hein.journals/stmlj43 and id is 293 raw text is: ARTICLE APPROPRIATE TESTING AND RESOLUTION: How To DETERMINE WHETHER APPROPRIATION ART is TRANSFORMATIVE FAIR USE OR MERELY AN UNAUTHORIZED DERIVATIVE? ERIC D. GORMAN* I. Introduction . ................................ 290 II. Background ................................. 291 A. Appropriation Art ......................... 291 B. Original Work, Copying, and Copyright Infringement .............................. 292 1. Copyright Protection..................... 294 2. Copyright Infringement ................... 295 C. Doctrine of Fair Use with Regard to Appropriation Art ..................................... 301 1. Transformative Use...................... 302 2. Commercial Use ........................ 302 D. The Fair-Use Breakdown. ................... 303 1. Purpose and Character .................... 307 J.D., The John Marshall Law School. B.S., Mechanical Engineering, Michigan State University. Eric Gorman has both an intellectual property educational background, including Art Law, and work experience in Beijing, People's Republic of China, and Chicago, Illinois. Special thanks to my dad, mom, and sister for their continuous support and words of encouragement. Thank you to my friends and colleagues for their helpful comments and insight. 289

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most