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ADDED COPYRIGHT PROTECTION FOR
VISUAL ARTS
The
copyright act provides creates an
additional bundle of rights to the
author of a “work of visual art”.
The Visual Artists Rights Act (VARA).
First, the protection only applies
to a narrowly defined group, i.e., a
painting, drawing, print or
sculpture existing as a single work
or in a limited edition of no more
than 200 copies that are signed and
consecutively numbered. For
sculpture, the series of works must
bear the signatory mark of the
author. A still photographic image
produced for exhibition purposes
only or a limited edition of no more
than 200 copies, again signed and
consecutively numbered.
Note that the visual art must not
have been created as a “work for
hire”. Therefore be careful what
you sign in accepting a commission!
The
added rights give the author limited
powers over the work even after it
has been sold.
The
author retains the right to
attribution, i.e., he/she can always
require that he/she identified as
the author.
The
author retains the right prevent
intentional distortion, mutilation
or other modification that would be
“prejudicial” to the artist honor or
reputation.
Also if the work is “of recognized
stature” (determined with expert
testimony) the artist can prevent
the destruction of the work
Note that the artist can waive these
rights in writing. The waiver of
rights must be specific, however.
Also, the rights exist only for the
life of the author. (The term of a
copyright is typically the life of
the author plus 70 years).
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