Artistic LicenseThe Philosophical Problems of Copyright and Appropriation

Artistic LicenseThe Philosophical Problems of Copyright and Appropriation

Darren Hudson Hick

Print publication date: 2017

ISBN: 9780226460109

Publisher: University of Chicago Press

Abstract

Artistic License aims at analyzing the right of copyright, given its essential underlying principles in the law, and its relation to contemporary artistic practice. As several legal theorists argue, though the role of copying in artistic practice has evolved, copyright law has failed to keep step, producing an imbalance that puts the law at odds with the domain it is meant to protect. Centrally, Hick works to reconcile growing practices of artistic appropriation and related attitudes about artistic "taking" with developed views of artists’ rights, both legal and moral. Hick examines the philosophical challenges presented by the role of intellectual property in the art world and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement through aesthetic analysis and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.