William McGrath Analyzes Court’s Decision to Sign Off on ‘Appropriation Act’

May 28 – Chicago Daily Law Bulletin

I had never heard of the term “appropriation art” until I learned about it in a copyright law context. It was at issue in the case of Rogers v. Koons (2nd Cir. 1992). In the late 1980s, Jeff Koons was a hot property in the New York and European art scene. Koons, a commodities-broker-turned-artist, was an adherent of the post-modern of neo-pop school of art.

The New Yorker reported in 1989 that “the most shocking art in America is being made by young New Yorker Jeffrey Koons.” His sculptures sold for outrageously high prices. The New York Times commented that “Koons is pushing the relationship between art and money so far that everyone involved comes out looking slightly absurd.” Koons’ cachet was only enhanced by the fact that he was for a while married to a buxom Italian porn star known as Cicciolina.

Read more: Prof. William McGrath Analyzes Court’s Decision to Sign Off on ‘Appropriation Act’

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