Abstract

In 2003, a photograph taken by Richard Prince, Untitled (Cowboy) , sold at auction for $332,300. Some might be surprised that a photograph could garner such a sum, but, in this case at least, none more so than Jim Krantz. Krantz might be allowed a certain level of incredulity, for Prince's photograph was a photograph of another photograph, this one taken by Krantz himself. As far as copyright is concerned, Krantz's photograph and Prince's are the same work, and so Krantz is almost certainly infringing on Prince. Copyright protects ‘authored works’, and not art works per se . And unfortunately, while copyright law assumes some metaphysical basis to its objects, this basis tends to go largely uninvestigated. In this paper, I work to develop a comprehensive, coherent, and consistent account of the ontology of authored works suitable for the purposes of copyright law