The Author Effect after the "Death of the Author": Copyright in a Postmodern Age

Authors

Elton Fukumoto

Abstract

Copyright law employs terms and concepts, such as "originality" and "authorship," which the Romantic movement developed. Post-structuralism and Postmodernism, influential intellectual and artistic trends, have attacked the "author" concept by undermining its philosophical foundations. But when Postmodem artists act in accordance with their anti-author beliefs, they expose themselves to liability for copyright infringement. Recent copyright cases illustrate the courts' not entirely satisfactory response to the artistic appropriation of previous works. This Comment suggests that the courts read a pastiche exception, broader than the current exception for parody, into the fair use defense for copyright infringement.

First Page

903

Recommended Citation

Elton Fukumoto, Notes and Comments, The Author Effect after the "Death of the Author": Copyright in a Postmodern Age, 72 Wash. L. Rev. 903 (1997).
Available at: https://digitalcommons.law.uw.edu/wlr/vol72/iss3/6