Part I provides some background regarding aesthetic vocabulary in the arts, and traces the use of appropriated images in the twentieth- and twenty-first centuries. Part II discusses the general application of copyright law to appropriation art. Part III examines the current status of the fair use cases that address appropriation art and concludes that the fair use results are better than before, largely because of the ascendancy of “transformativeness” as an important fair use factor. It also concludes, however, that fair use remains insufficient to protect appropriation art. Finally, Part IV re-proposes a solution—an exception to copyright, limited to fine art—grounded in the public benefit of dissemination of knowledge and the lack of damage to the original author’s economic interest resulting from appropriation art.
Schaumann, Niels, "Fair Use and Appropriation Art" (2015). Faculty Scholarship. 146.