The Copyright Clash Between Artists: A Quiz

“Appropriation Artists,” such as Warhol and Koons, often take an image made by another visual artist, usually a professional photographer, without permission, and incorporate it into a new work of art that purports to make a sweeping commentary about society. These artists are controversial and attention-seeking, and they can often turn a photo worth thousands of dollars into a work of art worth millions. Appropriation Artists have been subject to many lawsuits by original artists seeking to enforce their copyrights.  Like the art itself, these cases generate a lot of interest and controversy. Briefly, if the Appropriation Artist merely “recasts” or “transforms” the original art into something similar to the original work, the taking of another’s art is a violation of copyright law.  But, if the Appropriation Artist’s work is “transformative,” the taking of another’s art without permission, attribution or compensation is permissible under the legal copyright doctrine of Fair Use. If the new work “adds something new, with a further purpose or different character” or alters the first with new expression, meaning, or message, the new work is considered transformative and, therefore, can potentially be considered fair use.