THE VISUAL ARTISTS RIGHTS ACT

摘要

Any building owner that is considering incorporating a work of art into a building or surrounding property, or who is considering altering, removing, or moving a work of art from the premises, needs to become familiar with the Visual Artists Rights Act of 1990, 17 U.S.C. para 106(A) et seq. (VARA or Act). VARA, which amended the federal copyright law and took effect on June 1, 1991, provides authors of visual art (including paintings, drawings, prints, and sculptures) with certain "moral rights" of attribution and integrity, and the right to prevent destruction of their works. The concept of "moral rights" provides an author of a work (including a written work, film, or other artistic work) with certain protections that go beyond those provided for under traditional copyright law. Moral rights originated under French law and the theory that a work encompasses the personality of the author, that it is part of the author's character. The meaning of the term "moral rights" actually has nothing to do with morals but originates from the eighteenth century French concept of le droit moral, which refers to personal or spiritual rights that exist independently from a copyright. Essentially, moral rights are designed to prevent prejudice to the author's honor or reputation. Moral rights have been long recognized in Europe but courts in the United States have been slow to embrace the concept.