Coping with Copying

Rendering Art and Law

Abstract

Two artworks from the U.S. copyright case Cariou v. Prince provide examples for an inquiry into the definition of work according to Swiss copyright law and its compatibility with appropriation artworks. Under the existing copyright, it is difficult to defend appropriation artworks if they present little to no modification of the appropriated original. Such an outcome can be seen as a short-sightedness of copyright toward certain forms of art. It is therefore interesting to move away from the legal framework and look at law from an external perspective.