THE CHALLENGING RELATIONSHIP BETWEEN CONTEMPORARY ART AND INTELLECTUAL PROPERTY

AUTHOR – LOKENDER YADAV, STUDENT AT AMITY UNIVERSITY NOIDA

BEST CITATION – LOKENDER YADAV, THE CHALLENGING RELATIONSHIP BETWEEN CONTEMPORARY ART AND INTELLECTUAL PROPERTY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 78-83, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The relationship between contemporary art and intellectual property (IP) is increasingly complex, as artistic expression often challenges conventional legal frameworks. Contemporary artists frequently engage in appropriation, remixing, and digital reproduction, blurring the lines between originality and infringement. While copyright, trademark, and patent laws are designed to protect creators, they can sometimes hinder artistic innovation and cultural dialogue. Emerging technologies, such as AI-generated art and blockchain-based ownership, further complicate legal interpretations of authorship and ownership. This study examines how IP laws intersect with contemporary artistic practices, highlighting the tensions between legal protection and creative freedom. In navigating these challenges, legal frameworks must adapt to accommodate evolving artistic practices without stifling innovation. Courts and policymakers face the task of balancing the rights of original creators with the transformative nature of contemporary art. This study explores case laws, legal reforms, and alternative models like Creative Commons and open-access licensing, which offer more flexible approaches to IP in the art world. By analyzing these legal and ethical dimensions, this research aims to provide insights into how contemporary art and intellectual property can coexist in a rapidly evolving cultural landscape.

Keywords: Contemporary Art, Intellectual Property, Copyright, Artistic Innovation, Appropriation, Digital Art, Legal Frameworks, Creative Commons, AI-generated Art.