When a work of art is created, is something "new" brought into existence, or does the artist merely add properties to something that already exists? We seem to hold both notions, despite their apparent inconsistency, when we speak of derivative works of art in the ordinary discourse of the art world and in Federal copyright law. The apparent inconsistency is resolved by distinguishing our talk about the status of art itself and our talk about the origins or genesis of the work, including the materials used and the skills and other artistic abilities of the artist who originated the work.
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Last updated: July 3, 1997