Visual Artists Rights Act
Encyclopedia
The Visual Artists Rights Act of 1990 (VARA), , is a United States
law protecting artist rights.
VARA was the first federal copyright
legislation to grant protection to moral rights. Under VARA, works of art that meet certain requirements afford their authors additional rights in the works, regardless of any subsequent physical ownership of the work itself, or regardless of who holds the copyright to the work. For instance, a painter may insist on proper attribution of his painting and in some instances may sue the owner of the physical painting for destroying the painting even if the owner of the painting lawfully owned it.
While federal law had not acknowledged moral rights prior to this act, some state legislatures and judicial decisions created limited moral rights protection. The Berne Convention
required protection of these rights by signatory states, and it was in response that the U.S. Congress passed the VARA.
Additionally, authors of works of "recognized stature" may prohibit intentional or grossly negligent destruction of a work. Exceptions to VARA require a waiver from the author in writing. To date, "recognized stature" has managed to elude a precise definition. VARA allows authors to waive their rights, something generally not permitted in France and many European countries whose laws were the originators of the moral rights of artists concept.
In most instances, the rights granted under VARA persist for the life of the author (or the last surviving author, for creators of joint works).
, sculptures, still photographic images
produced for exhibition only, and existing in single copies or in limited editions of 200 or fewer copies, signed and numbered by the artist. The requirements for protection do not implicate aesthetic taste or value.
This has particularly been an issue for those that commission public sculptures. Absent a waiver, artists could effectively veto decisions to remove their structures from their benefactor's land. In a 2006 decision involving public sculptures that were removed from the park for which they were created, the United States Court of Appeals for the First Circuit
ruled that VARA does not protect location as a component of site-specific work. VARA covered works can be moved as long as the move does not constitute "destruction, distortion, or mutilation."
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law protecting artist rights.
VARA was the first federal copyright
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
legislation to grant protection to moral rights. Under VARA, works of art that meet certain requirements afford their authors additional rights in the works, regardless of any subsequent physical ownership of the work itself, or regardless of who holds the copyright to the work. For instance, a painter may insist on proper attribution of his painting and in some instances may sue the owner of the physical painting for destroying the painting even if the owner of the painting lawfully owned it.
While federal law had not acknowledged moral rights prior to this act, some state legislatures and judicial decisions created limited moral rights protection. The Berne Convention
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
required protection of these rights by signatory states, and it was in response that the U.S. Congress passed the VARA.
Exclusive rights under VARA
VARA exclusively grants authors of works that fall under the protection of the Act the following rights- right to claim authorship
- right to prevent the use of one's name on any work the author did not create
- right to prevent use of one's name on any work that has been distorted, mutilated, or modified in a way that would be prejudicial to the author's honor or reputation
- right to prevent distortion, mutilation, or modification that would prejudice the author's honor or reputation
Additionally, authors of works of "recognized stature" may prohibit intentional or grossly negligent destruction of a work. Exceptions to VARA require a waiver from the author in writing. To date, "recognized stature" has managed to elude a precise definition. VARA allows authors to waive their rights, something generally not permitted in France and many European countries whose laws were the originators of the moral rights of artists concept.
In most instances, the rights granted under VARA persist for the life of the author (or the last surviving author, for creators of joint works).
Covered works
VARA provides its protection only to paintings, drawings, printsPrintmaking
Printmaking is the process of making artworks by printing, normally on paper. Printmaking normally covers only the process of creating prints with an element of originality, rather than just being a photographic reproduction of a painting. Except in the case of monotyping, the process is capable...
, sculptures, still photographic images
Photograph
A photograph is an image created by light falling on a light-sensitive surface, usually photographic film or an electronic imager such as a CCD or a CMOS chip. Most photographs are created using a camera, which uses a lens to focus the scene's visible wavelengths of light into a reproduction of...
produced for exhibition only, and existing in single copies or in limited editions of 200 or fewer copies, signed and numbered by the artist. The requirements for protection do not implicate aesthetic taste or value.
Application and effect
VARA's application is limited to visual works that fall within a narrowly defined category. However, for works that do fall within the category of protected works, VARA imposes substantial restrictions on any modification or removal of those works. Purchasers of the works must obtain written waivers from the author if they wish to exercise any of the exclusive rights under VARA.This has particularly been an issue for those that commission public sculptures. Absent a waiver, artists could effectively veto decisions to remove their structures from their benefactor's land. In a 2006 decision involving public sculptures that were removed from the park for which they were created, the United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
ruled that VARA does not protect location as a component of site-specific work. VARA covered works can be moved as long as the move does not constitute "destruction, distortion, or mutilation."
Examples of works
- Tilted ArcTilted ArcTilted Arc was a sculpture commissioned by the United States General Services Administration's Arts-in-Architecture program for the Federal Plaza in New York, NY, USA...
, a well-known artwork by Richard SerraRichard SerraRichard Serra is an American minimalist sculptor and video artist known for working with large-scale assemblies of sheet metal. Serra was involved in the Process Art Movement.-Early life and education:...
, was dimantled without his approval prior to the enactment of VARA. - Kent TwitchellKent TwitchellKent Twitchell is an American muralist who is most active in Los Angeles. He is most famous for his larger-than-life mural portraits, often of celebrities and artists. His murals are realism not photorealism according to Twitchell.-Biography:Twitchell's father was Robert Twitchell who was a farmer...
's Ed Ruscha muralMuralA mural is any piece of artwork painted or applied directly on a wall, ceiling or other large permanent surface. A particularly distinguishing characteristic of mural painting is that the architectural elements of the given space are harmoniously incorporated into the picture.-History:Murals of...
was painted over without his approval. Twitchell won the largest settlement ever under VARA for $1.1 million against the U.S. government and 12 defendants.
External links
- Text of Visual Artists Rights Act of 1990
- One attorney's analysis of the Visual Artists Rights Act of 1990
- Waiver of Moral Rights in Visual Artworks. U.S. Copyright Office. Retrieved 2005-07-01.
- RayMing Chang, Revisiting the Visual Artists Rights Act of 1990: A Follow-up Survey About Awareness and Waiver, 13 TEX. INTELL. PROP. L.J. 129 (2005): This article analyzes the history of VARA and presents empirical data about the Visual Artists Rights Act of 1990 (VARA) from an exhaustive survey that the author conducted in 2003.
- RARIN - Rights and Reproductions Information Network for Museum Professionals
- Example of a recent VARA case for mutilation of public sculpture.
- WSJ article on VARA at 20 years.