Understanding VARA: Protecting Your Moral Rights as an Artist
A Comprehensive Guide to the Visual Artists Rights Act
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The Visual Artists Rights Act (VARA) of 1990 offers significant protection to artists in the United States regarding their moral rights. These rights are distinct from copyright, which primarily safeguards economic interests. VARA grants artists certain non-transferable rights that are personal to them and cannot be sold or assigned.
What are Moral Rights?
Moral rights are rooted in the ethical and personal connection an artist has with their work. They acknowledge that an artist's creation is an extension of their identity and reputation. VARA recognizes two primary moral rights:
Attribution: The right of attribution ensures that the artist's name is properly associated with their work. This includes the right to prevent their name from being removed from a work or falsely attributed to another. It also protects against the use of their name on works they did not create.
Integrity: The right of integrity safeguards the artist's control over the presentation of their work. It allows artists to object to modifications or distortions of their work that could damage their reputation or professional standing. This protection extends to both intentional and unintentional alterations that could significantly change the meaning or character of the work.
When Does VARA Apply?
VARA applies to works of visual art created after December 1, 1990. The law defines "works of visual art" broadly to include a wide range of artistic expressions, such as paintings, sculptures, drawings, prints, photographs, and even certain installations.
Limitations and Exceptions:
While VARA provides substantial protection, it is not absolute. There are some limitations and exceptions to consider:
Works Made for Hire: If an artist creates a work as an employee for hire or under a written agreement that expressly transfers moral rights, VARA does not apply.
Transfers of Ownership: In certain cases, where an artist transfers ownership of their work, the right of integrity may be limited. However, the artist still retains the right to prevent the destruction of the work.
Fair Use: VARA does not override the fair use doctrine, which allows limited use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Additional Considerations:
State Laws: Some states have their own laws that may provide additional or different protections for moral rights. It's essential to be aware of any state-specific provisions that may apply.
International Treaties: The Berne Convention for the Protection of Literary and Artistic Works, an international treaty to which the United States is a signatory, also provides some protection for moral rights.
Conclusion:
The Visual Artists Rights Act is a valuable tool for artists in the United States, safeguarding their moral rights and ensuring that their connection to their work is respected. By understanding the scope of VARA and its limitations, artists can better protect their creations and maintain control over their legacy.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
