Exploring Legal Complexities in Visual Art: Copyright, Fair Use, and Appropriation

As the art world continually evolves and artists push the boundaries of creativity, it is crucial for attorneys to stay informed about the legal landscape to effectively advise and represent artists and creators. This course offers attendees a comprehensive understanding of the legal issues surrounding the creation, sale, and licensing of works of visual art that involve artistic appropriation of preexisting works, trademarks, and third-party likenesses.

This program explores the intersection of art and law, equipping attorneys with the knowledge and insights necessary to navigate complex intellectual property issues, interpret fair use guidelines, and assess potential legal risks in the realm of appropriation art. The panel will also address the recent Supreme Court decision in Andy Warhol Foundation v. Goldsmith. By attending this program, attorneys can deepen their expertise in art law and enhance their ability to protect and advocate for the rights of artists and creators in this dynamic and rapidly evolving field.

This program is ideal for attorneys interested in gaining a comprehensive understanding of the legal complexities surrounding copyright, fair use, and the First Amendment in visual art.

Learning Objectives:

• Examine the Copyright Act’s definition of derivative works and identify the four factors of the fair use analysis.
• Analyze the key takeaways of the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith (May 2023) and its impact on appropriation art.
• Evaluate how the artists’ freedom of expression interacts with the rights of others and what limitations on the freedom of expression may exist.