Monday, April 05, 2021

"Last month, three federal appellate judges in Manhattan decided they knew more about art than any old critic or philosopher" (UPDATED)

"Whether they quite meant to or not, their ruling had the effect of declaring that the landmark inventions of Duchamp and Warhol — the 'appropriation' they practiced, to use the term of art — were not worthy of the legal protection that other creativity is given under copyright law."

Blake Gopnik on the recent Warhol fair use decision.

UPDATE: More Gopnik here: "It’s a really messy situation. And this same court seems to have handed down different decisions fairly arbitrarily about what counts as good reuse and what counts as bad reuse, what counts as a fair reuse and what counts as an unfair reuse. So it’s really a mess, and I’m kind of hoping that the Supreme Court weighs in and cleans this situation up."