‘Copyright and the Single Work’

Amy Adler, Why Art Does Not Need Copyright, 86 George Washington Law Review 313 (2018). A photograph taken by Walker Evans is worth more – both in the market and in the eyes of critics – than a virtually identical photograph taken by an unknown artist, just as a handbag bearing the name Prada is worth more – both in the market and in the eyes of those who place social value on such goods – than a work of similar craftsmanship by an unknown manufacturer. In both cases, audiences are potentially responding to a number of factors: aesthetics, critical reception, reputational value, and the status conferred by scarcity … (more)

[Laura A Heymann, JOTWELL, 28 November]

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