Legal Definitions - VARA

VARA stands for the VISUAL ARTISTS RIGHTS ACT.

This is a United States federal law enacted in 1990 that grants specific rights to creators of certain "works of visual art." These rights, often referred to as "moral rights," protect an artist's reputation and the integrity of their work, even after the work has been sold. Key rights include:

• The right of attribution: The artist's right to claim authorship of their work, or to disclaim authorship of a work that has been distorted or mutilated.
• The right of integrity: The artist's right to prevent any intentional distortion, mutilation, or other modification of their work that would be prejudicial to their honor or reputation. In some cases, it also prevents the destruction of works of recognized stature.

Here are some examples of how VARA applies:

• Example 1 (Right of Integrity - Modification): A renowned sculptor creates a large, site-specific installation for the lobby of a corporate building. Years later, the building's new owners decide to paint over parts of the sculpture with a different color scheme to match new interior decor, fundamentally altering the artist's original vision. Under VARA, the artist could potentially sue to prevent this modification or seek damages, arguing it distorts their work and harms their professional reputation.

• Example 2 (Right of Integrity - Destruction): An artist paints a unique mural directly onto a wall inside a popular restaurant. When the restaurant goes out of business and the building is slated for demolition, the artist learns that the mural will be destroyed along with the wall. If the mural is considered a "work of recognized stature" under VARA, the artist may have the right to prevent its destruction or, at minimum, be given an opportunity to remove it or have it documented before demolition.

• Example 3 (Right of Attribution): A photographer creates a distinctive series of landscape images that become widely recognized. A gallery later displays these images but mistakenly attributes them to a different, less established photographer. Under VARA, the original photographer could assert their right of attribution to ensure proper credit for their work and correct the misrepresentation.

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VARA can also refer to an old unit of length, historically used in Spanish and Mexican land grants.

This measure is approximately 33 inches, though its exact length could vary depending on local custom and specific historical periods. It is often encountered when examining historical property records in regions that were once under Spanish or Mexican rule, such as parts of the Southwestern United States.

Here are some examples of how this historical unit of VARA applies:

• Example 1 (Historical Land Description): A property deed from the mid-1800s in California describes a parcel of land with boundaries like "running 600 varas north from the old oak tree along the creek." To accurately understand the property lines today, a surveyor would need to convert these historical vara measurements into modern feet or meters.

• Example 2 (Boundary Dispute): Two landowners in Texas are involved in a dispute over a shared property line. Their original land grants, dating back to the early 19th century, define the boundary using measurements in varas. Resolving the dispute requires legal and surveying experts to interpret these historical measurements and apply them to the current physical landscape.

• Example 3 (Real Estate Due Diligence): When purchasing a historic ranch in New Mexico, the buyer's legal team reviews the chain of title. They encounter original survey maps and documents that delineate the property's dimensions in varas, necessitating careful conversion and verification to ensure the modern property description aligns with the historical boundaries.