Subotnik to Speak in Toronto on Treatment of Appropriation Art and UGC under U.S. Copyright Law

Professor Eva Subotnik will present a talk, Appropriation Anxiety or Ecstasy?  Appropriation Art and Collage under U.S. Law, at a full-day Symposium to be held at Osgoode Hall Law School, York University, in Toronto this Thursday October 10th.  The Symposium, “User-Generated Content Under Canadian Copyright Law,” is sponsored by, among others, Osgoode’s Intellectual Property Law & Technology Program.  It will bring together leading experts in academia, the legal profession, and industry, as well as user-generated content (UGC) artists and practitioners, to discuss the legal and commercial aspects of appropriation art, collage, and UGC under Canadian and U.S. law.  Subotnik will address, in part, the extent to which appropriation art and collage are permitted under the fair use doctrine of American copyright law.  In particular, she will focus on the degree to which recent fair use case law—which has suggested that the evaluation of a challenged use of a copyrighted work be made principally from the perspective of a reasonable observer, rather than from the perspective of the defendant artist herself—advances the goals of copyright policy and provides predictability for those contemplating future uses of copyrighted works.  Subotnik’s talk will draw upon research she is doing in connection with a paper she is currently writing, entitled Intent to Fair Use,




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