How Jeff Koons’s ‘Banality’ Established Current Copyright Law For Artists

“The Banality shows spurred five lawsuits, some decades after the original exhibit. One is pending today, almost 30 years after the show, while another settled out of court. Koons lost the remaining three, with courts finding him liable for copyright infringement and rejecting his fair use defense: that he was parodying the source material. But importantly for the art world, … [those judgments] have helped to define when artists can and cannot use the work of others for their own pieces, making a lasting impact on copyright law.” Jessica Meiselman recounts the history.