| The formation and development of art law are inseparable from the artwork investment boom in European and American countries in the 1970s. Legal workers and artists continue to summarize on the basis of practice. However, in the previously published research findings, they deal with problems in the art market in accordance with existing legal provisions and judicial interpretation. Due to the interdisciplinary of art law, the research of art law led by legal practitioners often ignores the rules and characteristics of artistic creation.With the development of art history, "appropriation" is frequently used as an important creative technique for artists to express their thinkings. But in the legal field, this behavior is not easy to understand:under a law context, the term "appropriation" concerns "appropriation of public funds" and other clauses in the Criminal Law. Even if it comes to the Copyright Law which intends to protect intellectual fruits, as the "appropriated" artworks don't have the "originality" element required by the law, artists who create works based on "appropriation" are put at a serious disadvantage in the judicial precedents.This paper proceeds from the rules of artistic creation itself and examines the legal issues caused by "appropriation". From the aesthetic sociological and legal analyses of relevant cases, we attempt to make clear the different meaning of "appropriation" in art and in law. And by analyzing the legal difficulties which the "appropriation" behavior in art faces, we try to propose corresponding solutions and strategies. |
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