Art Law at America 250: Gilbert Stuart’s Art Battles and National Imagination

Gilbert Stuart, George Washington (The Athenaeum Portrait) (painting 1796) with a dollar bill, photographed by Hannah Gadway (2023).
Copies of the painting held by National Portrait Gallery, Smithsonian Institution, and Museum of Fine Arts, Boston.

By Hannah Gadway

You likely know Gilbert Stuart’s artwork, even if you don't recognize his name. His painting of George Washington, which graces the one dollar bill, is perhaps one of America’s most iconic images. Stuart’s depictions of Washington are everywhere: in our pockets, in transformations by legendary artists like Andy Warhol, and sitting in countless American museums and history books.

Stuart’s painting did not reach legendary status in American art without effort. Despite being highly praised in his own time, Stuart faced difficulties in controlling the afterlives of his work.^[1] In a time when American copyright law was not designed for visual artists and phrases like “intellectual property” were rarely associated with paintings, Stuart was remarkably aware of his artistic rights and protected them fiercely.^[2] His dedication to maintaining artistic control over his portraits is part of why his art is today synonymous with Washington’s name.