Taking Pictures

This chapter presents appropriation art as a seemingly paradoxical renunciation and reinforcement of artistic authority. It then turns to the established philosophical debate surrounding interpretive intentionalism in light of the 2008 lawsuit between photographer Patrick Cariou and the contemporary appropriation artist Richard Prince. This case illustrates the essential role that intentionalism plays in deciding copyright suits. It then considers the philosophical problems surrounding the legal status of appropriation art. A number of scholars have proposed ways for the courts to accommodate appropriation art without eroding copyright protections for authors. It considers some recent proposals and rejects them. It then argues that appropriation art should be considered derivative and hence presumptively unfair.