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- Title
Creative Quandary: The State of Copyrightability for Organic Works of Art.
- Authors
Ericsson, Lily
- Abstract
The article focuses on the U.S. problematic judicial activism in context to the works of contemporary art and the interpretation of copyright law. It discusses the U.S. Court of Appeals for Seventh Circuit case of Kelley v. Chicago Park District wherein, artist Chapman Kelley's wildflower floral paintings were destroyed and the Court denied him of his moral rights. It suggests that courts should not consider aesthetic preference and artistic judgment whilst analyzing copyrightability work.
- Subjects
UNITED States; UNITED States. Court of Appeals (7th Circuit); COPYRIGHT; POLITICAL questions &; judicial power; 21ST century art; PARK districts; KELLEY, Chapman; WILD flowers in art; MORAL rights (Copyright); ACTIONS &; defenses (Law)
- Publication
Seton Hall Journal of Sports & Entertainment Law, 2013, Vol 23, Issue 2, p359
- ISSN
1931-4825
- Publication type
Article