Tables and Figures
Introduction
In part one of this paper I will be discussing fair use in detail. I will be covering why fair use is important, how fair use has developed over time, as well as the four factors in determining whether or not a piece of work qualifies under fair use. I will also be talking about appropriation art in this paper.
Thesis: In this paper I will be talking about fair use, how fair use has developed into appropriation art, and how copyright has changed over time.
Thesis: This paper will discuss the specifics of copyright through fair use and appropriation art, how the laws have changed over the past 50 years, and its impact on the field.
How the Laws Have Changed:
I. Shift from publication to creation (public domain) -Art before 1978- the public standard -The copyright act of 1909 -Art created after 1978
II. Future of Copyright -Copyright Laws need to evolve to new technology -To provide incentives to professionals -To provide freedom to amatures
Impact on the Field: Banksy, Shepard Fairey
Fair Use
Definition
Fair use is an exemption within copyright law that basically permits anyone to use copyrighted materials without payment and without approval, subject to certain conditions.
Fair use limits the rights of the copyright holder by allowing unauthorized copying in circumstances that are roughly consistent with promoting economic efficiency. According to Susan M. Bielstein in her book, Permissions, a Survival Guide: Blunt Talk About
* Through the postmodern frame of reference, explain how artists have appropriated historical artworks. How has the artist incorporated parody and wit into the work? In what way has the artist questioned the values implied in the original artwork?
The copyrightable element of the 1963 image should be covered under American copyright law, but the content of the image, including originality and use that need to be defined. Elements that should be protected include the photograph itself. This includes “selecting and arranging the costume, draperies, and other carious accessories in said photograph, arranging the subject so as to present graceful outlines (Burrow-Giles Lithographic Co. v. Sarony, 45, 48 (4 S.Ct. 1884)).” In the 19th century, this declaration was the first time the question of a photograph’s inherent copyright was explained, and is now a standard in the Copyright Act of 1976, where all “two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, and prints…that can identify separately from the utilitarian aspects.” (17 U.S.C. § 101) are considered pictorial works and protected under copyright.
During fair use trials judges are supposed to at least these “four factors” 1. The purpose of the use 2. The nature of the work used 3. The amount and sustainability of the original work used 4. The effect on the market of the original, as well as the overall purposes of copyright law.
The International herald Tribune of March 30, 2012 reports that an individual’s original work should be lawfully protected.
It has become much more common in the United States to turn on the news and learn about yet another shooting. Typically, the violence involves the criminal acquiring a firearm that they should not have been permitted to have, and attacking someone defenseless- either because they could not access their weapon in time, or for another reason. The increased frequencies of such tragic events have made many Americans wonder how much tighter gun restrictions to be to prevent them from continuing. They also wonder how tight gun restrictions can be before they become unconstitutional, or even if the 2nd Amendment should continue to exist. The Amendment states that “A well regulated Militia, being necessary to the security of a free state, and the right of people to keep and bear Arms, shall not be infringed.”
Characters exist in human, animal, and even extra-terrestrial form, in literature, films and other forms of dramatic visualizations, and are shaped by their names, personalities, characteristics and manners. There are several such characters that the public is familiar with, and such popular figures form part of an industry worth trillions, thereby necessitating protection for them against duplication. Enter copyright law. This law, which finds its origin in the Statute of Anne, seeks to strike a balance between
5: If an original work is copied, and that copy is distorted, changed or modified in any way, that person/company who distorted, changed or modified the copy has infringed upon the copyright holder’s moral rights (only enacted in certain states) not just his copyright rights. To obtain moral rights, if not enacted in the state, a written contract needs to be drawn up. Moral rights originated in Europe to help artists protect their works and their reputations and are now enacted in the New York, California, Massachusetts, Rhode Island, Louisiana, Maine, New Jersey and Pennsylvania. Moral rights have been proposed as a federal statute in other states.(Spatt)
Abstract: This essay deals with the creative possibilities generated by the influx of inexpensive and easy to use digital recording software, hardware, and digital distribution techniques. One of the main themes of the essay is the problem of upholding creativity and artistic integrity in an unmediated digital environment.
As time goes by, the rate at which art changes increases at a seemly exponential rate. Our culture
Copyright and fair use can be hard to talk about because when you use a video with copyright songs you can't see it. Fair use belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act. Under the Act, four factors are to be considered in order to determine whether a specific action is to be considered a "fair use."
Fair use is a defense to copyright infringement that essentially asks of any particular use; Is this fair?
Throughout history, art has caused wars and forged alliances. In modern times, cultural treasures are being sorted into place after much misplacement. Restitution/repatriation, the act of returning cultural treasures to their rightful owners or nation of origin, often ensues difficult legal decisions, but remains a moral necessity. This act of returning cultural treasures, grows more common due to the media’s interest or publicized legal battles. The movie “The Woman in Gold,” involving Gustav Klimt’s painting of Adele Bloch-Bauer, is an example of the influence it has on media.
To an extent we all have this misconception that to make a sustainable, life-altering impact we must go to a decent school, have a semi-impressive GPA, be somewhat capable of surviving social encounters, and we must be someone who carries value, intelligence, and ready-to-go resources.
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.
Frequently, nuclear energy is used for commercial use across the globe. In fact, there are over 440 commercial nuclear power reactors operable in 31 countries. They each have over 390,000 MWe of total capacity and about 60 more reactors are under construction (Engelbrecht, H., Komarov, K. and Rising, A, n.d.). Nuclear energy is defined as the energy released during nuclear fission/fusion, especially when used to generate electricity ( Dictionary.com, LLC. n.d.). The many uses of nuclear energy include improving food production, plant mutation breeding, and/or insect control (Engelbrecht, H., Komarov, K. and Rising, A, n.d.). There are many positive and negative impacts of nuclear energy. Some negative impacts are that if used improperly, nuclear energy could be used as a weapon of mass destruction and it can be very unsafe and expensive. On the other hand, nuclear energy has the potential to help with the environment and things like climate change as well as supply over half of the electricity consumed around the world so not using it would be a waste since it helps more than people might think. This brings up the debate of whether or not nuclear energy is justified for commercial use.