Dialogues of Authenticity
67 Stud. L. Pol. & Soc'y 25 (2015)
34 Pages Posted: 30 Jul 2013 Last revised: 11 Sep 2020
Date Written: July 29, 2013
Artists operating under a studio model, such as Andy Warhol, have frequently been described as reducing their work to statements of authorship, indicated by the signature finally affixed to the work. By contrast, luxury goods manufacturers decry as inauthentic and counterfeit the handbags produced during off-shift hours using the same materials and craftsmanship as the authorized goods produced hours earlier. The distinction between authentic and inauthentic often turns on nothing more than a statement of authorship. Intellectual property law purports to value such statements of authenticity, but no statement has value unless it is accepted as valid by its audience, a determination that depends on shared notions of what authenticity means as well as a common understanding of what authenticity designates.
Keywords: authenticity, copyright, trademark, Warhol, Chihuly, naming, authorship
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