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Artistic LicenseThe Philosophical Problems of Copyright and Appropriation$
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Darren Hudson Hick

Print publication date: 2017

Print ISBN-13: 9780226460109

Published to Chicago Scholarship Online: September 2017

DOI: 10.7208/chicago/9780226460383.001.0001

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Toward an Ontology of Authored Works

Toward an Ontology of Authored Works

(p.87) Five Toward an Ontology of Authored Works
Artistic License

Darren Hudson Hick

University of Chicago Press

In this chapter, I show how the creative act determines the nature of the authored work—the object protected by copyright—building on the central metaphysical assumptions built into copyright law. In so doing, I offer an ontological model for authored works, establishing conditions of copyrightability and infringement, and drawing a principled distinction between “art works” and “authored works.” Case studies include Richard Prince’s Untitled (Cowboy) and Shepard Fairey’s “Hope” poster.

Keywords:   ontology, copyright, creation, influence, infringement, Richard Prince, Shepard Fairey

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