Visual Artists Rights Act. Morality and Creativity

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2 Visual Artists Rights Act Morality and Creativity

3 Definition VARA protects an artist s moral rights regarding his or her artwork the right to correct attribution and the right of artistic integrity. VARA rights can be waived but not sold or transferred

4 Eligibility Painting, drawing, print, sculpture, photograph produced for exhibition only Exist in one copy or limited edition of less than 200 that are consecutively numbered and signed by the artist Created after June 1, as long as artist lives Before then- much more complicated!

5 Protection ATTRIBUTION Allows you to claim authorship of work you created Prevent your name from being attached to work you didn t create Prevent your own work from being attributed to you if it has been modified in a way that damages your honor or reputation

6 Protection INTEGRITY Prevent intentional modification of your work which would damage your honor or reputation Prevent intentional or grossly negligent destruction of your work if it is of recognized stature

7 Until 1979, any mural in California could be removed at the discretion of the property owner. An artist could work for months on a project, then one day find it gone. With the creation of CAPA (California Art Preservation Act) that year, an artist s work gained certain protections. Building owners must now give the artist 90 days notice and the chance to first remove the mural, an arduous and expensive process but one that can be done by painting a gel over the work and placing a film over that so that together they act as a peelable, transferable adhesive. CAPA protects a work for 50 years after an artist s death.

8 A Little Trim Painting originally 60x72 Hanging in gallery available for sale Museum trimmed to 50x 72 and sold for $16,000 Fraudulently said artist gave consent Artist sued under VARA $150,000 statutory and $20,000 punitive damages Judge ruled in artist s favor but awarded $3500- artist already made some money, and the value was inflated

9 Trash to Treasure Robert Raushenberg

10 Alexander Calder Created the black & white mobile Bought by a collector Donated to Allegheny County, PA who hung it in the Pittsburgh Airport County officials decide it should be Allegheny colors and repaint green and gold Also changed to be motorized and hoisted some arms up higher

11 Alexander Calder Calder gets upset parties compromise and it is repainted Calder Red Paint is too diluted and it turns out pink Someone finally insists it be painted back and be un-motorized, turning it back to its original form A VARA violation?

12 Christoph Buchel Mass MOCA museum commissioned massive exhibit Training Ground for Democracy Museum to acquire objects Basic budget established Objects harder & more expensive to find Long timeline, weak IP language, pause for budget reasons Artist walked away, Museum finished Artist sued

13 Buchel Result Lost then partially overturned- Won on integrity- added a disclaimer to exhibit Lost on attribution- was taken down at scheduled time But set a precedent for unfinished works of art

14 David Phillips Is a park a work of art? Can site-specific art be protected?

15 Chapman Kelley Can art have living elements? Does that prevent them from being fixed?

16 What Kind of Lawsuit is This?

17 What if it s in a building? VARA doesn t apply if you knew it could not be removed without being damaged VARA doesn t apply if you don t respond within 90 days to remove it yourself What about ON a building?

18 The Oft-Imperiled Iguana Lady

19 City Said Yes Supergraphics are a public nuisance

20 No Reply at all Federal lawsuit filed in 2012 Still waiting to be heard

21 Victor Henderson Outdoor muralist Painting on building he owned Sold the building Mural was slated to be fixed Wanted to replicate photo Artist not notified before work sandblasted for improvements Lawsuit filed

22 A-Door-nments

23 Does anyone else have moral rights? Songs co-opted by other entities? Colorizing a modern film? Disassembling a 3-D work? Changing the score in a movie for foreign distribution if the composer is banned there?

24 Homage to Starry Night

25 Introducing Case Study #1 David Ascalon v. the City of Harrisburg, PA