{"pk":60211,"title":"Drawing Lines: Addressing Cognitive Bias in Art Appropriation Cases","subtitle":null,"abstract":"For centuries, artists ranging from Renaissance painter Raphael to\n \nsurrealist Salvador Dali have embraced the concept of originality\n \nthrough imitation, drawing heavily from the works of their predecessors\n \nto create new and original works of art. Despite the role that appropriation\n \nhas historically played in artistic culture, art that borrows\n \nsubstantially from other works is more likely to be punished than\n \npraised under our current copyright system.\n \nFollowing the decisions against appropriation artists in \nCariou v.\n \nPrince and Rogers v. Koons\n, the future of art appropriation is increasingly\n \nunclear. Although the Supreme Court has warned that judges\n \nshould not employ aesthetic reasoning in assessing works protected by\n \ncopyright, recent copyright cases suggest that judges are doing exactly\n \nthat. After showing how the open-ended nature of the copyright and\n \nfair use inquiries can make judges particularly vulnerable to various\n \ncognitive biases, this Article relies on \nRogers v. Koons\n and \nCariou v.\n \nPrince \nto illustrate how fact finders can be improperly influenced by\n \nknown cognitive biases such as anchoring, hindsight, and confirmation\n \nbias and could be tempted to substitute their own value judgments\n \nwhen assessing an appropriator'sw ork.","language":"en","license":{"name":"","short_name":"","text":null,"url":""},"keywords":[],"section":"Articles","is_remote":true,"remote_url":"https://escholarship.org/uc/item/9mn2j5wz","frozenauthors":[{"first_name":"Liz","middle_name":"","last_name":"McKenzie","name_suffix":"","institution":"","department":""}],"date_submitted":"2015-04-25T17:14:27+01:00","date_accepted":"2015-04-25T17:14:27+01:00","date_published":"2013-01-01T00:00:00Z","render_galley":null,"galleys":[{"label":"","type":"pdf","path":"https://journalpub.escholarship.org/uclalaw_elr/article/60211/galley/46170/download/"}]}