Quentel, Debra L.”’Bad Artists Copy, Good Artists Steal’: the Ugly Conflict between Copyright Law and Appropriationism.” 4 UCLA Entertainment Law Review  4  (Fall 1996): 39-80.

This article lays out the ways in which the visual arts use strategies of appropriation and how these strategies often conflict with the provisions of copyright law. Quentel discusses the most prominent case in this area, Rogers v. Koons. She also offers the idea of a statutory "fix" by means of compulsory licensing.
Since Koons is the only appropriation artist to have had an infringement case go to trial and appeal, Quentel’s article then focuses on Rogers v. Koons.  She provides a detailed analysis of Koons’ fair use argument going through the four part fair use test provided by section 107 of the Copyright statute.   After discussing Koons’ loss both at the district court and appellate court level, the author looks next at the impact of Campbell v. Acuff-Rose as it applies to appropriation art and finds that appropriation art is not protected under the transformative  use standard set out in Acuff-Rose.  However, because of the importance of appropriation art as a significant art movement in the late twentieth century, Quentel looks for a way to protect this art form that is an important contributor to culture.
The article next looks at the idea of compulsory licensing. Compulsory licensing pits the rights of the appropriation artist against the rights of the artist/creator who made the image that is being appropriated.  This again raises the issue of artists’ moral rights as opposed to a more economic approach.  Quentel also sees courts making determinations relating to copyright and appropriation art as needing to  look to the customs and practices of the visual art industry. Here the author privileges the work of the appropriation artist. “Artists who are able to justify the artistic decisions they have made regarding the decision to appropriate images into a single work of art should not be found to have infringed merely because they have appropriated the copyrighted work of another. By creating new works, artists are moving society and the art world forward… thereby satisfying the goals of the Copyright Act.”  Quentel stresses the policy goals of copyright law over a narrow reading of the statute.