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 19: The public good in poetic justice: on the art (and law) of Felix Gonzalez-Torres

Sonia K Katyal


In this chapter, for a book project on the intersection of art and law, I explore the artist Felix Gonzalez Torres’ work in relation to a concept that we often focus on in property law, the idea of a ‘public good’, and how it can relate to the powerful conceptual work that his artistic legacy offers us. Here, I suggest using the concept of a public good as a metaphor for thinking about Felix Gonzalez Torres’ work in three potential ways. First, I use the economic framework of a public good to demonstrate the ways in which his work underscored and also challenged the legal notion of a singular intellectual property. Secondly, as I argue in Section 2, using a non-market framework, his work also illuminates the concept of a public good in a philosophical sense because his work illuminates the kind of ideal, utopian terrain that law often strives to achieve. Thirdly, I highlight Gonzalez Torres’ work, not in terms of how his work represents a public good, but rather how a decentralised notion of a public good, in both moral and market terms, personifies the legacy of the artist himself. Much of his work reworked the notion of advertising and consumption to use the concept of originality to focus on the way that identities circulated in modern contemporary culture. By reworking classic imagery, Gonzalez Torres also, ironically, forcibly reclaimed the perspectives of those who are often missing from mainstream representations. His work, in many ways, illustrates why it is so important to study the relationships between art, law and property, between audience and artist, between the visual image and narrative form, between the space between reality and the ideal. His work directs us to study the text or the picture that is created and the meaning that it is supposed to produce – and the space between how that meaning is communicated, and how that meaning is received by the audience. In this article, it is that space – the space between the artist’s intent and the audience’s interpretation – that I want to focus on here, because I believe that the work of Felix Gonzalez Torres carries important lessons for those of us who care, not just about social justice and conceptual art, but who also care about creating a world that enables a multiplicity of interpretations, particularly in the age of new media.

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