Hiding Actualities: Whether Art Should Exist Independent of the Artist

American University Intellectual Property Brief (Vol. 11, Iss. 2)

16 Pages Posted: 20 Feb 2020

See all articles by Derek Diemer

Derek Diemer

California Western School of Law, Students

Date Written: January 2, 2020

Abstract

Recent advancements in technology have made nearly every aspect of celebrities lives are available to the public, causing many of their secrets to rise to the surface. This Note explores recent allegations of various artists, how the public has reacted, and the implications that arose. Further, this Note suggests that, under the American copyright system, it may be acceptable to disconnect the art from the artist in certain situations. Precedents in tax law, criminal law, and property law support this separation. If the music perpetuates or is influenced by the artist's bad behavior, then it should be protested. However, if the music in itself is not problematic, the music should exist independently.

Keywords: Music, art, copyright law, allegations, #metoo, R. Kelly

JEL Classification: K10, K19, K34, K23

Suggested Citation

Diemer, Derek, Hiding Actualities: Whether Art Should Exist Independent of the Artist (January 2, 2020). American University Intellectual Property Brief (Vol. 11, Iss. 2), Available at SSRN: https://ssrn.com/abstract=3515628 or http://dx.doi.org/10.2139/ssrn.3515628

Derek Diemer (Contact Author)

California Western School of Law, Students ( email )

CA
United States

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