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The art scene today is one of appropriation—of remixing, reusing, and recombining the works of other artists. From the musical mash-ups of Girl Talk to the pop-culture borrowings of Damien Hirst and Jeff Koons, it’s clear that the artistic landscape is shifting—which leads to some tricky legal and philosophical questions. In this up-to-date, thorough, and accessible analysis of the right to copyright, Darren Hudson Hick works to reconcile the growing practice of artistic appropriation with innovative views of artists’ rights, both legal and moral.

Engaging with long-standing debates about the nature of originality, authorship, and artists’ rights, Hick examines the philosophical challenges presented by the role of intellectual property in the artworld and vice versa. Using real-life examples of artists who have incorporated copyrighted works into their art, he explores issues of artistic creation and the nature of infringement as they are informed by analytical aesthetics and legal and critical theory. Ultimately, Artistic License provides a critical and systematic analysis of the key philosophical issues that underlie copyright policy, rethinking the relationship between artist, artwork, and the law.
 

A Land Made from Water chronicles how the appropriation and development of water and riparian resources in Colorado changed the face of the Front Range—an area that was once a desert and is now an irrigated oasis suitable for the habitation and support of millions of people. This comprehensive history of human intervention in the Boulder Creek and Lefthand Creek valleys explores the complex interactions between environmental and historical factors to show how thoroughly the environment along the Front Range is a product of human influence.

Author Robert Crifasi examines the events that took place in nineteenth-century Boulder County, Colorado, and set the stage for much of the water development that occurred throughout Colorado and the American West over the following century. Settlers planned and constructed ditches, irrigation systems, and reservoirs; initiated the seminal court decisions establishing the appropriation doctrine; and instigated war to wrest control of the region from the local Native American population. Additionally, Crifasi places these river valleys in the context of a continent-wide historical perspective.

By examining the complex interaction of people and the environment over time, A Land Made from Water links contemporary issues facing Front Range water users to the historical evolution of the current water management system and demonstrates the critical role people have played in creating ecosystems that are often presented to the public as “natural” or “native.” It will appeal to students, scholars, professionals, and general readers interested in water history, water management, water law, environmental management, political ecology, or local natural history.

Logos, trademarks, national insignia, brand names, celebrity images, design patents, and advertising texts are vibrant signs in a consumer culture governed by a regime of intellectual property laws. In The Cultural Life of Intellectual Properties, professor of law and cultural anthropologist Rosemary J. Coombe brings an illuminating ethnographic approach to an analysis of authorship and the role law plays in shaping the various meanings that animate these protected properties in the public sphere.
Although such artifacts are ubiquitous in contemporary culture, little attention has been paid to the impact of intellectual property law in everyday life or to how ownership of specific intellectual properties is determined and exercised. Drawing on a wide range of cases, disputes, and local struggles, Coombe examines these issues and dismantles the legal assumption that the meaning and value of a text or image is produced exclusively by an individual author or that authorship has a single point of origin. In the process, she examines controversies that include the service of turbanned Sikhs in the Royal Canadian Mounted Police and the use of the term Olympic in reference to the proposed gay Olympic Games. Other chapters discuss the appropriation of such celebrity images as the Marx brothers, Judy Garland, Dolly Parton, James Dean, and Luke Skywalker; the conflict over team names such as the Washington Redskins; and the opposition of indigenous peoples to stereotypical Native American insignia proffered by the entertainment industry. Ultimately, she makes a case for redefining the political in commodified cultural environments.
Significant for its insights into the political significance of current intellectual property law, this book also provides new perspectives on debates in cultural anthropology, cultural studies, and political theory. It will therefore interest both a wide scholarly and a general audience.

It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them?

While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?

Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania?

Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.