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©Copyright 2005 NCAC
WEB DESIGN
Jeanne Criscola Criscola Design
free speech first amendment censorship
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Modification and Destruction of Artists' Works: |
In
the past, artists in the United States had virtually
no power to protect their work from mutilation,
destruction or misattribution in instances of modification
of their works. In 1990, Congress amended the Copyright
Act of 1976 to include the Visual Artists Rights
Act (Section 106A), which provides for the rights
of attribution and the physical integrity of certain
works of art. These moral rights apply only to "work[s]
of visual art", including:
| • |
a
painting, drawing, print, or sculpture, existing
in a single copy, in a limited edition of
200 copies or fewer that are signed and consecutively
numbered by the author, or, in the case of
a sculpture, in multiple casts, carved, or
fabricated, sculptures of two hundred or fewer
that are consecutively numbered by the author
and bear the signature or other identifying
mark of the author, or; |
| • |
a
still photographic image produced for exhibition
purposes only, existing in a single copy that
is signed by the author, or in a limited edition
of 200 copies or fewer that are signed and
consecutively numbered by the author. |
Section
106A is titled "Rights of certain authors
to attribution and integrity" and specifically
recognizes that authors of a work of visual art
shall have the right:
| • |
to
claim authorship of that work; |
| • |
to
prevent the use of his or her name as the
author of any work of visual art which he
or she did not create; |
| • |
to
prevent the use of his or her name as the
author of the visual art in the event of a
distortion, mutilation, or other modification
of the work which would be prejudicial to
his or her honor or reputation; and |
| • |
to
prevent any intentional distortion, mutilation,
or other modification of that work which would
be prejudicial to his or her honor or reputation;
and |
| • |
to
prevent any destruction of a work of recognized
stature, and any intentional or grossly negligent
destruction of that work is a violation of
that right. |
For
works created on or after December 1, 1990, VARA's
moral rights are granted for the life of the author.
Works created before that date, but still owned
by the author on that date, expire at the same
time as the copyright.
Under VARA, unlike copyright infringement, an
artist has a cause of action in a federal court
even if his artwork is not registered with the
Copyright Office. However, because the burden
of proof on the artist diminishes and the amount
of monetary damages could increase if an artwork
is registered before an infringement, an artist
should register his or her copyright as soon as
possible. Artists should realize that while VARA
establishes specific federal causes of action,
state statutes often provide additional protections.
Links for the Visual Artists Rights Act can be
found at: http://www.loc.gov/copyright/title17/92chap1.cfm#106a |
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Associated Cases: |
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| These
materials are not intended, and should not be used, as
legal advice. They necessarily contain generalizations
that are not applicable in all jurisdictions or circumstances.
Moreover, court decisions may be superceded by subsequent
rulings, and may be subject to alternative interpretations.
Corrections, clarification, and additions are welcome.
Please send to ncac@ncac.org. |
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