Renunciation, Fake Art, & the Visual Artists Rights Act: A Contextual Conundrum

18 Va. Sports & Ent. L.J. 1 (2018)

26 Pages Posted: 21 Jan 2020

See all articles by Jennifer Elisa Chapman

Jennifer Elisa Chapman

University of Maryland Francis King Carey School of Law; University of Maryland - Thurgood Marshall Law Library

Date Written: December 15, 2018

Abstract

Does an artist have a right to renounce authorship of a work of art based on a change in context? Specifically, can an artist renounce a work of art they created based on a change in the status of the owner of the work of art, as artist Richard Prince did via Instagram in January 2017? Answering these questions requires analyzing the complicated relationship of art and law. Using Prince’s recent renunciation of his New Portrait of Ivanka Trump, this article analyzes issues that arise when art and law collide, in particular whether a change in context is a “distortion, mutilation, or other modification . . . prejudicial to [an artist’s] honor or reputation” under the Visual Artists Rights Act.

Keywords: art law, VARA, Visual Artists Rights Act, Richard Prince, Ivanka Trump, Moral Rights

Suggested Citation

Chapman, Jennifer Elisa, Renunciation, Fake Art, & the Visual Artists Rights Act: A Contextual Conundrum (December 15, 2018). 18 Va. Sports & Ent. L.J. 1 (2018), Available at SSRN: https://ssrn.com/abstract=3437571

Jennifer Elisa Chapman (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

University of Maryland - Thurgood Marshall Law Library ( email )

501 West Fayette Street
Baltimore, MD 21201
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
57
Abstract Views
445
Rank
677,699
PlumX Metrics