A Blunt Instrument

Abstract Tracing the historiography of fair use alongside that of African art history, this article demonstrates how the legal doctrine's historical origins and definitions at certain times protect and at other times efface the intellectual property of African artists. Examining the naming conventions of academic art history and the art market, a recent sale of two artworks acquired from a conflict zone, and the policies of a museum, the author argues that fair use functions as a blunt and imperfect instrument for facilitating claims of restitution and repatriation.