Abstract: A Pragmatic Approach to the Identity of Works of Art

ABSTRACT

The denial of the existence of originality by postmodern appropriation artists and philosophers relies on a limited sense of originality that misconstrues the term as it is used in artistic and philosophical literature. But analytic analyses of originality as a property of works or as a property of artists also have proven inadequate. I propose understanding originality by distinguishing (a) the meaning of originality as a relationship between the artist and the work of art, and (b) the evidence we use to assess originality, including both the relationship of the artist to the work and the relationship of the work to other works of art. This analysis better accounts for use of the concept, both in the artworld and in an important opinion of the U.S. Supreme Court on minimal standards for originality under Federal Copyright Law.