Intellectual property law discussion
UK student textbooks
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Peter
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Jun 09, 2021 06:28AM

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I'm a student currently reading for my LLM in Qualifying Law. I'm working on two dissertation proposals one is actually covering IP. The other is covering Human Rights, and the topic is Right to die. So been researching my topics. One in particular that covers the former, is the Cariou v Prince, 714 F 3d 694 (2d Cir 2013). This case centralises on the subject of Copyright theft, appropriation art. Whilst it is not strictly a UK case, it does have significant relevance in relation to social media namely, instagram.
I thought I would contact you to see if there is any UK relevant cases, whereupon appropriation art and transformative use has taken place.
Thank you for your time.
David Rothwell
Hi David! Nice to hear from you. Being something of a dinosaur, I had not encountered the expression "appropriation art" before. You might find it helpful to start researching English cases starting with Baumann v Fussell, which I think probably establishes the principles that would apply in a case like Cariou v Prince. A Google search gave me a lot of articles that refer to that case (which dates back to 1978). Some interesting-looking stuff there - but I'm resisting the temptation to go down any rabbit holes right now, I'll let you do that and hope you tell me what you find.