Graduation Year

Spring 2014

Document Type

Campus Only Senior Thesis


Legal Studies

Reader 1

Mark Golub

Reader 2

Paul Hurley

Rights Information

© 2014 Katrina Heger


This thesis presents the shortcomings of the Fair Use exemption within the Copyright Act through an in depth analysis of the recent Shepard Fairey v. Associated Press surrounding the well-regarded Hope Poster. The thesis critiques the unpredictability of the law, the copyright holder’s growing sense of monopolized ownership over her or his work, the complex facets of art that are overlooked in the court’s legal analysis, and finally, the social justice implications of the Copyright Act. The thesis argues that Fair Use should make room for appropriation art, otherwise successful and progressive artists, such as Shepard Fairey, will be discouraged from creating.

THESIS appendix_official.pdf (2244 kB)

This thesis is restricted to the Claremont Colleges current faculty, students, and staff.