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An Artist\u27s Privilege
Get PDFThis article examines visual art in light of the letter and the spirit of the Constitution\u27s Copyright Clause and the Copyright Act of 1976 (“Act”) and concludes that artists should have the freedom to copy works, not only of popular culture, but of all kinds. In other words, people creating art should be permitted to copy anything and everything. This is not to suggest that copyright serves no purpose: destroying the copyright edifice merely to protect the ability of certain artists to create would be dangerous and foolhardy. Practical limitations on an artist\u27s privilege to copy can be imposed to preserve copyright\u27s incentives for creation. An artist\u27s privilege to copy may at first seem extreme, but closer examination will reveal that both copyright theory and copyright owners can accommodate such copying. To test the proposed privilege, this Article will use a genre of art--appropriation art--that has gained some notoriety in the art and legal worlds because of its obvious and deliberate copying. Appropriation art will therefore serve as a paradigm; if the proposal can justify copying by an appropriation artist, then it will also justify less extreme copying. Let us begin, then, by examining two scenarios involving artistic appropriation as it is presently practiced
Helping Families Help Themselves: Using Child Support Enforcement to Reform Our Welfare System
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You Really Have Come a Long Way: An Analysis and Comparison of Role Conflict Experienced by Women Attorneys Today and by Educated Women Twenty Years Ago
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Harm ing Individual Liberty: Assessing the U.S. Supreme Court\u27s Decision in Babbitt v. Sweet Home
Get PDFResisting the West: The Clinton Administration\u27s Promotion of Abortion at the 1994 Cairo Conference and the Strength of the Islamic Response
Get PDFSearches, Seizures, Confessions, and Some Thoughts on Criminal Procedure: Regulation of Police Investigation -- Legal, Historical, Empirical, and Comparative Materials
Get PDFCriminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book\u27s crowning achievement-the refreshing and inventive perspectives chapter that opens the book. The essay then reflects on the few aspects of the chapters on search and seizure, confessions, and remedies that I believe are slightly flawed or incomplete
