“The Visual Artists Rights Act of 1990 (VARA) grants the authors of visual artworks the ‘non-economic “moral rights”’ of attribution and integrity, a ‘statutory first in federal copyright law’. The right of attribution is exercised to ‘claim [or] … deny authorship’, and the right of integrity allows artists ‘to prevent or … recover damages for the intentional [interference]’ with the substantive nature of a work. An artist ‘retains these [moral] rights throughout [their] lifetime’, potentially well after they have ceded ownership of the physical copy of the relevant artwork, a feature that has been described as ‘revolutionary’ …” (more)
‘Castillo v G&M Realty LP – Second Circuit Finds Temporary Art Protected Under the Visual Artists Rights Act’ 134 Harvard Law Review 1881 (March 10, 2021).
First posted 2021-03-10 19:32:27
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