Copyright Infringement Standards as They Relate to Appropriation Artists

Authors

• Kimberly Pallen, Withers LLP

Abstract

The article examines the application of the "total concept and feel" test established in Roth Greeting Cards v. United Card Co. to determine copyright infringement, particularly in cases involving appropriation artists like Jeff Koons and Richard Prince. It argues that while this test is effective for analyzing substantial similarity in visual arts, it faces limitations when applied to appropriation art, where the original work's mood or feel is not significantly altered. The article highlights the subjective nature of the test and its reliance on visual comparison, which may not adequately address the transformative aspects of appropriation art.

Disciplines

Entertainment, Arts, and Sports Law | First Amendment | Intellectual Property Law | Law

Recommended Citation

Kimberly Pallen, Copyright Infringement Standards as They Relate to Appropriation Artists, 38 Cardozo Arts & Ent. L.J. 671 (2020).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol38/iss3/4