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Article
Is There Such a Thing as Postmodern Copyright?
Tulane Journal of Technology and Intellectual Property
  • Peter Jaszi, American University Washington College of Law
Document Type
Article
Publication Date
1-1-2009
Journal

Tulane Journal of Technology and Intellectual Property

Disciplines
Abstract

Back in 1992, artist/entrepreneur Jeff Koons suffered a humiliating setback when the United States Court of Appeals for the Second Circuit repudiated the suggestion that his reuse of objects from public culture might constitute a "fair use" defense to a copyright infringement claim. Fourteen years later, in a case that again involved a photographer's claim of copyright infringement, Koons triumphed in the same judicial forum. What had changed? This Article explores, in particular, one among a variety of alternative explanations: Koons may have caught the very leading edge of a profound wave of change in the social and cultural conceptualization of copyright law-specifically, the emergence of an understanding that is at least incipiently "postmodern" in nature.

Citation Information
Peter Jaszi. "Is There Such a Thing as Postmodern Copyright?" Tulane Journal of Technology and Intellectual Property Vol. 12 (2009) p. 105 - 121
Available at: http://works.bepress.com/peter_jaszi/44/