Have you ever heard the classic George Harrison song, “My Sweet Lord”? It goes something like: “I really want to see you / Really want to be with you / Hallelujah / Hare Krishna. . . .” In 1976, United States District Court Judge Richard Owen, arguing that Harrison had heard the song’s melody in someone else’s song long before having written his own, ruled that Harrison was guilty of copyright infringement. Although not deliberate on Harrison’s part, his song too closely paralleled the Chiffons’ “He’s So Fine,” a #1 hit in the US for five weeks during the summer of 1963.

The case raises an important question: How much can you draw on the work of others when you start your next project? In this issue’s installment, Dr. Art discusses the history and parameters of copyright, as well as its fair use in appropriation and parody.

Copyright Basics

My mother always told me that it is better to be safe than sorry.  Though Mama doesn’t always know best, these are words to live by.

Every time you consign work with a gallery, you need a contract.  Why don’t many artists and gallery directors consider a contract to be standard procedure?  I have heard a range of responses over the years.  They vary from “I don’t want to push it with the gallery director” to “I prefer to work on a handshake.”  Odd responses when you consider that a contract is simply an agreement of terms.  It spells out the rules by which both parties operate.