BLOG POST: One Step Forward or One Step Back: Artificial Intelligence Increases Accessibility but Limits Copyright Protection for Artists with Disabilities*
*This writing is a blog post. It is not a published IPTF Journal article. Josephine Meier In 2018, artist Sean Aaberg suffered a debilitating stroke, severely affecting the left side of his body.[1] Prior to his stoke, Aaberg was a boardgame designer who found success drawing colorful, vivid images and spinning classic “fantasy tropes” into something more engaging and modern for players.[2] After his stroke, Aaberg found a way to continue his craft by turning to artificial intelligence software Midjourney for assistance in rendering the drawings he was no longer capable of making independently.[3] The Midjourney program allows users to...
Digital Art Says: Protect Our “Groove” Too
Annie Kim Digital technology has become one of the most common methods artists use to create art. This advancement in technology causes many copyright difficulties, especially related to artists’ styles. Standardized and common features of digital software have made it far too easy for people to duplicate other people’s work, and more significantly, an artist’s unique style. Current copyright laws are insufficient to address these issues, and there is almost no legal precedent related to protecting an artist’s “art style.” In a groundbreaking case, Williams v. Gaye, the court implemented a two-part test to imply protection for musical styles, the...
From Canvas to Designer Cloth: The Exploitative Nature of the Fair Use Doctrine in the Arts
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...
The Unlitigated Case: A Study of the Legality of Guitar Tablatures
James T. Tsai Guitar tablature Web sites have been the subject of recent cease-and-desist letters, forcing most to shut down. Litigation has been side-stepped with the arrival of new creative means to continue operation. The case that may have gone to court is discussed here, ranging from the appropriate legal claims of copyright infringement to the fair-use-defense arguments that would have been made. Policy solutions are considered to resolve the tension between the public’s desire to use such tablatures and the copyright owners of the original artists. Read Full Text Here