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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

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