Clarysse和Kiefer(2011)描述了适度性意味着一个公司能够盈利的程度，而这反过来又取决于可保护性和经营自由。可保护性定义了创作者保护板条箱作品不受竞争对手侵害的程度，经营自由是指创作者在不侵犯他人财产权的情况下经营企业的自由。罗杰斯创作了一件原创作品，他受到了美国法律所适用的版权法规的保护。版权属于类别的原始表达式由一个艺术家利用知识和信息,创造和制作的完整权利使用相同的他或她想要通过法律,同时保护它免受侵犯其他实体供个人使用(Poltorak勒纳,2011)。版权是一种正式的知识产权，罗杰斯对他的照片拥有同样的正式权利(Palfrey, 2012)。版权禁止他人发行供销售、出租或出租的复制品，禁止复制作品，禁止基于原作的衍生作品，禁止公开展示和表演作品(O’Hara, 1999)。
Clarysse and Kiefer (2011) describes that appropriability indicates the degree to which a firm can make profit and this in turn depends on the protectability and freedom to operate. Protectability defines the degree to which the creator can protect the crated work from competitors, and freedom to operate indicates the freedom of the creator to operate in business without infringing the property rights of others. Rogers had created an original piece and he had the protection by way of the Copyright statutes applicable in the US by law. Copyright falls in the category of original expression by an artist who has used knowledge and information for making the creation and has full rights to use the same the way he or she wants by way of law, and at the same time protect it from getting infringed by other entities for personal use (Poltorak and Lerner, 2011). Copyright is a formal intellectual property rights and Rogers held the same formal rights to his picture (Palfrey, 2012). Copyright prohibits others from distributing copies for sale, lease, or rental, from reproducing the work, from derivative works based on the original piece, and from displaying and performing the work publicly (O’Hara, 1999).
The time period for copyright of a picture is at least granted for 25 years. Thus, Rogers has the full right of defending his work which he originally produced and can prohibit it from being used by anyone without his notice or permission. Rogers makes his living by creating, publishing, marketing, exhibiting, and making use of his copyright over original piece to sell products in the market. Rogers had printed the picture of the puppies on the post card, and had been selling it in the market, and the picture also had a copyright sign which Koons supposedly forgot to see or simply did not acknowledge, its presence. Rogers had been selling the post cards with the copyright signs on it which had the puppies’ picture on it. When Rogers filed a lawsuit against Koons and his representing gallery, Sonnabend gallery, he accepted that the post card with the picture of puppies was purchased in a tourist location and after purchasing the card he tore off the copyright part, and found it to be familiar, typical, and commonplace which also matched with his other picture collection where people were holding their pets along. Koons viewed the picture as a part of mass culture which was typical and found to be happening on everyday basis.