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Postmodern art deconstructs traditional artistic norms and explores new aesthetic possibilities within social and cultural contexts, focusing on characteristics such as originality, decentralization, and appropriation. However, these works often emphasize ideas over creative expression, posing challenges to the application of copyright law.
Art is generally defined as the visual expression of human thought and emotion. However, postmodern art expands this category while showing fundamental differences from traditional artistic works. Copyright law, recognizing the need to protect art as reproduction technologies advanced, generally safeguards visual creations under the principles of the "equivalence of literature and art" and the "unity of art." Nevertheless, postmodern art places greater importance on ideas rather than expression, making it difficult to find originality in visual aesthetics in many cases. As a result, postmodern artworks cannot uniformly be included as artistic works under copyright law but can be evaluated for protection depending on their originality.
When postmodern art is categorized into abstract expressionism, pop art, hyper realism, appropriation art, and conceptual art, the applicability of copyright law to each type can be examined. A common premise across these categories is the "creativity of compilations" related to the selection and arrangement of materials. For abstract expressionism, even works that include minimalist or accidental elements can be recognized for their originality. In determining infringement, the ¡°overall concept and feel¡± theory applied to general artistic works can be used. Additionally, public domain elements and techniques may be excluded. Pop art generally qualifies as artistic work under copyright law; however, pop art applied to utilitarian objects must meet the separability requirement for applied art. Hyper realism, resembling photography in its reproduction of objects, derives its originality from elements such as the selection of objects, composition, angles of light reflection and shadow, perspective, color, and tone. These factors can be analyzed using precedents for photographic works. Appropriation art, particularly commercial appropriation art, may not qualify as fair use due to its commercial nature. Nonetheless, its originality and creative individuality through "transformation" may allow it to qualify as artistic work. Critical appropriation art, as a form of parody, can be seen as finding its originality in its linguistic and contextual expression. Conceptual art, including the repeated application of the same technique to various objects or the selection of objects to create meaning, can be protected when it demonstrates a sufficient level of creativity of compilations. Installation art that utilizes architectural spaces emphasizes architectural elements and may derive its originality from the selection, arrangement, and combination of spatial elements.
The discussion of the originality of postmodern artworks extends beyond the question of legal protection to explore the evolution of contemporary art and the development of legal responses. As new creations combining digital technology and artificial intelligence emerge, the legal discussions initiated by postmodern art will need to be deepened and expanded through further research and practical examples.