Dialogues of Authenticity

58 Stud. L. Pol. & Soc'y 25 (2015)

William & Mary Law School Research Paper No. 09-247

34 Pages Posted: 30 Jul 2013 Last revised: 14 Jul 2015

Date Written: July 29, 2013

Abstract

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

Suggested Citation

Heymann, Laura A., Dialogues of Authenticity (July 29, 2013). 58 Stud. L. Pol. & Soc'y 25 (2015); William & Mary Law School Research Paper No. 09-247. Available at SSRN: https://ssrn.com/abstract=2302696

Laura A. Heymann (Contact Author)

William & Mary Law School ( email )

613 South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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