Research Handbook on Art and Law
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Research Handbook on Art and Law

Edited by Jani McCutcheon and Fiona McGaughey

Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
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Chapter 5: The Prince and the President’s daughter: a tale of copyright and contemporary art

Julian R Murphy and Nicholas Modrzewski

Abstract

Richard Prince, the infamous litigant-artist, recently made headlines by disavowing a commissioned Instagram portrait of Ivanka Trump. Taking to Twitter just days before Donald Trump’s inauguration, Prince tweeted of the portrait: ‘This is not my work. I did not make it. I denounce. This fake art.’ In a single utterance, Prince purported to change the status of the artwork by combining the language of copyright’s moral rights doctrine and the supra-legal authority afforded to him by his cultural cachet. Ironically, by claiming to have the power to disavow the work, Prince is endorsing exactly the orthodox and monolithic notion of authorship that his whole career has been dedicated to undermining. This chapter uses the Ivanka portrait saga as a case study through which to explore the complex interplay between notions of authorship in contemporary art and copyright law.

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