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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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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 23 October 2019

Toward an Ontology of Authored Works

Toward an Ontology of Authored Works

Chapter:
(p.87) Five Toward an Ontology of Authored Works
Source:
Artistic License
Author(s):

Darren Hudson Hick

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226460383.003.0006

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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