Is There Such a Thing as Postmodern Copyright?

Authors

Peter Jaszi, American University Washington College of LawFollow

Document Type

Article

Publication Date

2009

Journal

Tulane Journal of Technology and Intellectual Property

Volume

12

First Page

105

Last Page

121

Abstract

Back in 1992, artist/entrepreneur Jeff Koons suffered a humiliating setback when the United States Court of Appeals for the Second Circuit repudiated the suggestion that his reuse of objects from public culture might constitute a "fair use" defense to a copyright infringement claim. Fourteen years later, in a case that again involved a photographer's claim of copyright infringement, Koons triumphed in the same judicial forum. What had changed? This Article explores, in particular, one among a variety of alternative explanations: Koons may have caught the very leading edge of a profound wave of change in the social and cultural conceptualization of copyright law-specifically, the emergence of an understanding that is at least incipiently "postmodern" in nature.

Recommended Citation

Peter Jaszi, Is There Such a Thing as Postmodern Copyright?, 12 Tulane Journal of Technology and Intellectual Property 105 (2009).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/2111