Cardozo Arts & Entertainment Law Journal
Abstract
The note argues that copyright law inadequately protects legal graffiti artists, particularly due to the abstract and public nature of their work, which complicates infringement claims. It critiques the current legal framework, including the tests for substantial similarity and the idea-expression dichotomy, for disadvantaging graffiti artists. The analysis highlights the need for legal reforms, such as the use of expert witnesses and enhanced protections under the DMCA, to better safeguard graffiti art and align copyright law with its purpose of incentivizing creativity.
Disciplines
Entertainment, Arts, and Sports Law | Intellectual Property Law | Law
Recommended Citation
Kayla Epstein,
Legal Graffiti and Copyright: How the Law Falls Short in Protecting This Important Artform,
38
Cardozo Arts & Ent. L.J.
681
(2020).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol38/iss3/5