From Canvas to Designer Cloth: The Exploitative Nature of the Fair Use Doctrine in the Arts

2022CopyrightTrademark

Victoria Schmidt

This Essay examines the controversial launch of the 2020 COACH® x Basquiat Collection featuring the signature image of Jean- Michel Basquiat on Coach purses and clothing. These signature images were part of a larger work of art by Basquiat that aimed to critique racial segregation, police brutality, and the capitalistic pull of American society. Basquiat supporters critique the collaboration as a misappropriation of the artist’s message. Under this assumption, this Essay evaluates the scope of the fair use doctrine through a hypothetical copyright infringement claim against Coach. This Essay examines the provisions of current copyright laws and advocates that there is a need for a narrowed interpretation of the four factors of the fair use doctrine.

Read Full Text Here