Abstract This introduction is intended as an amicus brief against the enclosure that the doctrine of fair use cannot not constantly reproduce. Moving from the troubled and troubling role of aesthetic judgment in court decisions and vain appeals to common sense, this essay considers the role of the work of art criticism in reentrenching property rights at a time when it has become subsumed into an increasingly securitized art world.
Alessandra Raengo (Wed,) studied this question.