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How Effective Has VARA Been?
The Visual Artists Rights Act of 1990 (VARA) was enacted as an amendment to copyright law for the United States to really get on board with the International Berne Convention for the Protection of Literary and Artistic Works (first accepted by signatories in 1886 but not ratified by the United States until 1988). Finally, hardworking American authors of original works of fine art would be granted a few “moral rights.” That was the promise. But where are we, 25 years in? What artists are granted these rights, and what stands in the way of exercising them?
VARA, codified at 17 U.S.C. '106A, grants the author a series of (waivable) rights: To be given attribution; to disclaim authorship in the event of mutilation; to prevent mutilation; and to prevent destruction of works of recognized stature. An artist will retain copyright and VARA rights even when the physical work has been sold, in most cases.
In a straightforward VARA case, the sole author of a recognized work would likely see a cause of action arise when the work was destroyed intentionally without notice. Exceptions and gray areas abound.
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