Law vs. Art? Considerations on copyright on the derivative work in the context of the spread of appropriation as an artistic method Cover Image

Drept vs. Artă? Consideraţii privitoare la dreptul de autor asupra operei derivate în contextul răspândirii aproprierii ca metodă artistică
Law vs. Art? Considerations on copyright on the derivative work in the context of the spread of appropriation as an artistic method

Author(s): Laura Stănilă, Sergiu Stănilă
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: appropriation; original work; derivative work; copyright; doctrine of fair use;

Summary/Abstract: The evolution of postmodern art and the spread of the practice of appropriation as a method of performing the artistic act has led to a clash between the artistic environment, which has become very open to this practice and the legal environment that tends to reject it as a violation of copyright standards. Copyright legislation does not keep up with new trends and aesthetic practices while the law tends to be far too secluded to the exuberance of the artistic act. In the present study we make an analysis of the use of the appropriation method in the artistic act from the perspective of the legal consequences that may occur, based on Law no. 8/1996 on copyright and related rights.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 109-119
  • Page Count: 11
  • Language: Romanian