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Art and Copyright Law: An Interdisciplinary Study on Interpictoriality

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This book tackles the lack of synchronicity between art and copyright law, proposing practical and interdisciplinary tools through which to navigate this conflict.

In the last decades, high profile lawsuits have been filed against artists accused of plagiarism including Jeff Koons, Barbara Kruger and Andy Warhol. This book demonstrates how these cases are at odds with contemporary artistic reality, in which the use of antecedent visual forms is common practice. Focusing on the dichotomies of “original/copy” and of “old/new”, this work addresses this phenomenon from both theoretical as well as legal perspectives. Using Swiss copyright law as the main case study, the book comparatively assesses other international legal frameworks. Through understanding the origins of the conflict between art and copyright, the book highlights solutions to navigate copyright cases with a new methodological approach.

The book will be of interest to researchers in the field of art and copyright law, intellectual property and art.

Introduction

Part I: The Interpictorial Original Copy

1. An Art Historical Novum

Part II: The Work, or “The Original”

2. The Fundamentals of the Work

3. Three Axes of Copyright Protection

4. The Work’s Scope of Protection

Part III: Copyright Spaces for Interpictoriality

5. The Exceptions to Copyright in Comparative Perspective

6. On The Relation Between Art and Copyright Law

Part IV: Displacing The Paradox

7. Beyond Copyright Law – External Remedies

Part V: Back To Copyright Law

8. Towards A Cognitively Open Copyright Law

Conclusions

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