Saturday, April 20, 2024
 

Chapman Kelley: My Work Is Original


Seems like a district court judge in Illinois is not up on his critical theory readings, particularly those of Walter Benjamin. Ruling that Kelley’s work lacked originality, the district court judge held that the Visual Artists Rights Act did not protect Kelley’s work because it lacked “originality,” a critical precursor to establishing a copyright violation (VARA is part of U.S. copyright law). This is quite odd given the fact that the U.S. Supreme Court has held that the standard for creativity is extremely low: it need not be novel, but rather possess only a “spark” or “minimal degree” of creativity to be protected by copyright. We’ll keep an eye on this one.

More from The Art Newspaper here.

 

Comments

No comments so far.
  • Leave a Reply
     
    Your gravatar
    Your Name
     
     
     

     
     
 
Legal

Clancco, Clancco: The Source for Art & Law, Clancco.com, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

Switch to our mobile site