Collage - Legal Issues

Legal Issues

When collage uses existing works, the result is what some copyright scholars call a derivative work. The collage thus has a copyright separate from any copyrights pertaining to the original incorporated works.

Due to redefined and reinterpreted copyright laws, and increased financial interests, some forms of collage art are significantly restricted. For example, in the area of sound collage (such as hip hop music), some court rulings effectively have eliminated the de minimis doctrine as a defense to copyright infringement, thus shifting collage practice away from non-permissive uses relying on fair use or de minimis protections, and toward licensing. Examples of musical collage art that have run afoul of modern copyright are The Grey Album and Negativland's U2.

The copyright status of visual works is less troubled, although still ambiguous. For instance, some visual collage artists have argued that the first-sale doctrine protects their work. The first-sale doctrine prevents copyright holders from controlling consumptive uses after the "first sale" of their work, although the Ninth Circuit has held that the first-sale doctrine does not apply to derivative works. The de minimis doctrine and the fair use exception also provide important defenses against claimed copyright infringement. The Second Circuit in October, 2006, held that artist Jeff Koons was not liable for copyright infringement because his incorporation of a photograph into a collage painting was fair use.