Appropriation and Transformation

The recent decision in Cariou v. Prince has reinvigorated a pressing issue for the contemporary movement of appropriation art: how can art which is defined by its taking from other artworks hope to survive in the world of copyright? In this article, I consider the legal history leading to the Cariou case, including a series of suits brought against appropriation artist Jeff Koons, as well as strategies proposed by several theorists for accommodating appropriation art within the law. Unfortunately, largely due to vagaries of the law and the misunderstood nature of appropriation art, the matter remains unresolved. I argue that, by investing borrowed material with new ideas, appropriation artists create new expressions and so transform their original sources. Being in line with the Constitutional mandate of copyright law, I suggest that such works of appropriation art be treated as presumptively fair uses

Value appropriation in business exchange: literature review and future research opportunities

Purpose – Value appropriation is a central, yet neglected aspect in business exchange research. The purpose of the paper is to generate an overview of research on active value appropriation in business exchange and provide the foundation for further research into value appropriation, as well as some initial guidance for managers. Design/methodology/approach – Literatures investigating value appropriation were identified by the means of a systematic review of the overall management literature. Findings – The authors provide an overview and comparison of the literatures and find that they apply diverse understandings of the value appropriation process and emphasize different mechanisms and outcomes of value appropriation. Research limitations/implications – Based on the literature comparison and discussion, in combination with inspiration from alternative business exchange literature, the authors propose four areas with high potential for future research into value appropriation: network position effects, appropriation acts and behaviors, buyer-seller relationship effects, and appropriation over time. Practical implications – Boundary spanning managers acting in industrial markets must master the difficult balance between value creation and appropriation. This review has provided an overview of the many managerial options for value appropriation and created knowledge on the effects of the various appropriation mechanisms enabling managers to secure company rents while not jeopardizing value creation. Originality/value – To the authors’ knowledge, this paper represents the first attempt at reviewing the management literature on value appropriation in business exchange. The authors provide overview, details, comparisons, and frame a research agenda as a first step towards establishing value appropriation as a key phenomenon in business exchange research.Chris Ellegaard, Christopher J. Medlin, Jens Geersbr

The Role of Appropriation in Locke's Account of Persons and Personal Identity

According to Locke, appropriation is a precondition for moral responsibility and thus we can expect that it plays a distinctive role in his theory. Yet it is rare to find an interpretation of Locke’s account of appropriation that does not associate it with serious problems. To make room for a more satisfying understanding of Locke’s account of appropriation we have to analyse why it was so widely misunderstood. The aim of this paper is fourfold: First, I will show that Mackie’s and Winkler’s interpretations that have shaped the subsequent discussion contain serious flaws. Second, I will argue that the so-called appropriation interpretation —that is the view that appropriation is meant to provide alternative persistence conditions for persons—lacks support. Third, I will re-examine Locke’s texts and argue that we can come to a better understanding of his notion of appropriation in the Essay if we interpret it in analogy to his account of appropriation in Two Treatises. Fourth, I will offer a more fine-grained interpretation of the role of appropriation in relation to persistence conditions for persons. I conclude by showing that the advantage of this proposal is that it reconciles interpretations that have commonly been thought to be inconsistent

Collective Action for Watershed Management: Field Experiments in Colombia and Kenya

The dilemma of collective action around water use and management involves solving both the problems of provision and appropriation. Cooperation in the provision can be affected by the rival nature of the appropriation and the asymmetries in the access. We report two field experiments conducted in Colombia and Kenya. The Irrigation Game was used to explore the provision and appropriation decisions under asymmetric or sequential appropriation, complemented with a Voluntary Contribution Mechanism experiment which looks at provision decisions under symmetric appropriation. The overall results were consistent with the patterns of previous studies: the zero contribution hypotheses is rejected whereas the most effective institution to increase cooperation was face-to-face communication, and above external regulations, although we find that communication works much more effectively in Colombia. We also find that the asymmetric appropriation did reduce cooperation, though the magnitude of the social loss and the effectiveness of alternative institutional options varied across sites.Collective Action, Watersheds, Field Experiments, Colombia, Kenya, Community/Rural/Urban Development, Environmental Economics and Policy, Institutional and Behavioral Economics, Q0, Q2, C9, H3, H4,

The Appropriation of Space

In this paper, I study some aspects of urban environment using the concept of non-place intro- duced by Marc Augé in 1995. I first define the concepts of space, place and non-place. I then explain why nomadism plays an important role in the way that we appropriate urban space. I discuss the role of narrative architects and how they intervene in the politics of space. And I conclude by questioning the supposedly superiority of places over non-places

Language, Intentionality and Appropriation

In the mid 80s Daniel Dennett has published a series of articles on the problem of the self. His suggested solution to the problem is rather unique and seems to be at odds with some more recent work on the subject. It is my aim to try to square his thoughts with some other approaches that tentatively point to quite different sources of selves. Dennett in all of his papers relies heavily upon a strategy that made it all the way to the title of one of them. He speaks of selves as centers of narrative gravity (Dennett 1992). This strategy uses two crucial components – language and fiction. Let me say few words about each of them. First, in accordance with a general tactics of his postbehaviorism and fully in line with his method of heterophenomenology (see Dennett 1991), he treats mental phenomena in linguistic terms. We only know of a presence of the former via our confrontation with the latter. Psychological self receives the same treatment. Claiming to capture a fundamental building block of the self, Dennett gives elaborate examples of linguistic practices that lead one to become oneself. It is in the game of asking and answering questions on their history, present conditions and future plans or desires that organisms arrive to a coherent, stable and lasting view of their selves. He doesn"t seem to be troubled by questions of subjectivity, i.e. what constitutes subjects and whether in fact some accounts of their selves is needed. At various points where he speaks of subjects, he dismisses philosophical explanations and wants to replace them with biological ones (e.g. Dennett 1989)

Elegy to an Oz Republic: First Steps in a Ceremony of Invocation towards Reconciliation

In 2012 the author completed a series of drawings that, while figurative in form, were structurally based on and derived their inspiration from Robert Motherwell’s abstract series, Elegies to the Spanish Republic (1963-1975). This wholesale 'borrowing', 'quotation' and 'citation' raises the questions addressed in this article. What does it mean to engage in acts of appropriation now? And, more importantly, can such acts of appropriation draw on the spirit of the 'original' work to make a (political) difference? 

Insta-Appropriation: Finding Boundaries for the Second Circuit’s Fair Use Doctrine After Campbell

Copyright law’s current fair use landscape is riddled with unclear standards and old considerations forced upon new media. This is especially problematic in the context of digital appropriation of art from online social media platforms—an issue highlighted by Richard Prince’s exhibit “New Portraits,” in which he appropriated strangers’ Instagram photos for his own profit. Unless this situation is remedied, digital content creators will effectively lose their statutory copyright protections. Thus, when considering digital appropriation cases, courts should require a transformation of content rather than purpose, should elevate the weight of the fourth statutory factor, and should reinstate the “comment upon” standard for works of parody and satire. Other scholars have proposed changes to the fair use doctrine, but none adequately protect first-order digital content creators. As such, this Note proposes a reinterpretation of the fair use factors in light of digital appropriation and social media