Ipse Dixit

Annemarie Bridy on Copyright and Intertextuality


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In this episode, Annemarie Bridy, Allan G. Shepard Professor of Law at the University of Idaho College of Law, discusses her article "Fearless Girl Meets Charging Bull: Copyright and the Regulation of Intertextuality," which is published in the UC Irvine Law Review. Bridy begins by describing the history of DiModica's iconic "Charging Bull" sculpture, and the controversy surrounding the installation of the "Fearless Girl" sculpture, which encouraged viewers to see Charging Bull in a new light. She discusses the differences between United States and European Union copyright law, and why DiModica lacked a viable copyright claim under United States law. She uses the literary theory concept of "intertextuality" to explain how US law sees copyright law as "dialogic," while EU law sees it as "monologic." And she explains how these different concepts of authorship and the nature of the work affect how the law conceptualizes copyright claims, particularly in relation to fair use. Bridy is on Twitter at @AnnemarieBridy.

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