Legal Definitions - Visual Artists Rights Act

The Visual Artists Rights Act (VARA) is a United States federal law enacted in 1990. It grants specific "moral rights" to creators of certain visual artworks, protecting their connection to their creations even after the artwork has been sold. These rights are unique because they belong to the artist personally and cannot be transferred to another owner, such as the buyer of the artwork.

VARA primarily focuses on two key aspects for original and limited-edition visual art:

• Right of Attribution: This allows artists to claim authorship of their original work and to prevent others from falsely attributing a work to them. It also permits them to disclaim authorship if their work has been significantly altered in a way that harms their reputation or artistic vision.
• Right of Integrity: This protects an artist's work from intentional distortion, mutilation, or other modifications that would prejudice their honor or reputation. In some cases, it also protects against the destruction of works of "recognized stature" (meaning works that have significant artistic merit and public recognition).

Essentially, VARA ensures that an artist's original vision and reputation are respected, even if they no longer own the physical artwork or its copyright.

Here are some examples illustrating how VARA applies:

• Example 1: Mural Modification
  An artist, Maria, paints a vibrant, intricate mural on the side of a community center, depicting local history. Years later, the center undergoes renovations, and the new director decides to paint over a significant portion of Maria's mural to create space for a new sign, drastically altering its original composition and message. Under VARA's right of integrity, Maria could potentially prevent the community center from mutilating or distorting her artwork. Even though the center owns the building, VARA protects Maria's artistic vision and reputation from being compromised by such a drastic alteration to her original creation.

• Example 2: Sculpture Destruction
  Renowned sculptor David creates a monumental abstract sculpture for a public park. The sculpture gains critical acclaim and becomes a beloved landmark, widely recognized for its artistic merit. A decade later, the city council decides to redevelop the park and plans to demolish David's sculpture to make way for a new fountain. If David's sculpture is deemed a work of "recognized stature," VARA's right of integrity could protect it from destruction. David could invoke VARA to prevent the city from demolishing his artwork, preserving his artistic legacy and the public's access to the piece.

• Example 3: Photo Misattribution/Alteration
  Photographer Lena captures a powerful series of black-and-white portraits. A magazine licenses one of her photos but, without Lena's permission, digitally manipulates it by adding bright, artificial colors and blurring the subject's face, fundamentally changing the photo's mood and artistic intent. The magazine then publishes the altered image, crediting Lena. Lena could use VARA's right of attribution to disclaim authorship of the significantly altered photograph. While she created the original, the magazine's modifications have distorted her work in a way that could harm her professional reputation. VARA allows her to state that the published, altered image is no longer truly "her" work, protecting her artistic integrity.