Defining Fair Use in Visual Art Research Sources and Strategies

Abstract

This guide offers extensive resources on the intersection of intellectual property law and contemporary visual art and on the application of the doctrine of fair use within this context. It is designed to assist attorneys, museum administrators, art collectors, art dealers and artists in handling litigation involving copyright litigation. It is particularly focused on copyright claims arising out of the art movement known as “appropriation,” which has emerged as a litigation target due to its use of familiar images and image genres drawn from public and consumer media. The guide strives to aid artworlders and attorneys new to art litigation in developing an understanding of the limitations and extent of fair use protections for visual artwork.