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Sunday Schedule
Program
Annual
Meeting
Home
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Sunday, January 5, 2003
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10:30 a.m.-12:15 p.m.
Section on Art Law
Amy M. Adler, New York University, Chair
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Harding
Marriott Wardman Park Hotel
Mezzanine Level |
The Illegal Imagination: Does Law Suppress Creativity?
Moderator:
Amy M. Adler, New York University
Speakers: - Justin Hughes, Yeshiva University
- Sonia K. Katyal, Fordham University
- Rebecca L. Tushnet, New York University
- Diane Leenheer Zimmerman, New York University
Any artist knows that creating something new can sometimes require borrowing, quoting, alluding to, or modifying previous works. Shakespeare took plots from ancient myths, Disney appropriated classics and folk tales, the Troggs drew upon Richard Berry's Louie, Louie to write Wild Thing, and Elvis Presley borrowed from the African American rhythm and blues tradition. In the visual arts, Manet alluded to Titian who in turn had alluded to Giorgione, Marcel Duchamp redid the Mona Lisa, Andy Warhol painted a can owned by Campbell's Soup, Robert Rauschenberg inserted famous photographs in his collages, and so on.
Yet some artists, legal scholars and lawyers argue that copyright law, constitutionally intended to promote creative input, has increasingly been used to suppress some of these basic aspects of creativity. They contend that a serious threat of illegality now hangs over artistic endeavors in a wide range of creative genres. The past few years have seen the lengthening of copyright terms by 20 years; an erosion of fair use rights; the use of technology to regulate how copyrighted works may be accessed and used; and new proprietary controls over information. At the same time that copyright law has expanded in these ways, a new breed of art has arisen that directly responds to and contests certain basic premises of intellectual property law, such as the notion of authorship, of property, or even of originality.
Some would argue that art and copyright law are on a collision course. This program will examine these supposed tensions between copyright law and artistic production.
Business Meeting at Program Conclusion |
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