This session will review the current status of the law of fair use for visual and multi-media artists, providing practical guidance for artists as well as visual resource professionals. Following an overview of the subject matter of copyright and the exclusive rights in copyrighted works, a survey of the law of fair use will focus on the string of appropriation art cases involving Jeff Koons, Richard Prince, as well as other creators, decided by U.S. federal courts between 1992 and 2017. The session will conclude with a critical assessment of codes of best practices for artists and creators, including the College Art Association’s Code of Best Practices in Fair Use for the Visual Arts, and the Documentary Filmmakers’ Statement of Best Practices.
