Visual Artists' Rights

• Author: Robert A. Gorman
• Profession: University of Virginia School of Law
• Pages: 86

In the Visual Artists RigLts Act of 1990, Congress amended the Copyright Act to give to an "auihor of a work of visual art" rights that are dif86 Copyright Law. Jgnt B Lncing in ferent from those given to a copyright owner. These are the rights o"attribution and integrity" and are equivalent to those "moral rights" recognized in most civil-law nations as well as in the Berne Convention.

These statutory rights are accorded by a new section 106A to personwho, under a newly added definition of "work of visual art" in sectiov101 uf ite Copyrigiht Ac, create singular paintings, sculptures, or phoStographs produced for exhibition only, or such works in a signed onumbered series of no more than 200.

The "right of attribution" entitles a visual artist to "claim authorship" of a work of visual art, and to prevent the use of his or her name as author of a work created by another or as author of his or her work in distorted or mutilated form. The artist could, for example, secure an injunction directing a museum to identify a displayed work as her own (rathethan misattributing it to another artist), or money damages for harm ther reputation that results from attributing to her a physically manglecanvas or sculpture.

The "right of integrity" entitles the visual artist "to prevent any intentional distortion, mutilation, or other modification of that work whicwould be prejudicial to his or her honor or reputation." If, for examplean artist produces a three-segment painting, and a purchaser of thpainting separates the three segments in an effort to maximize the proceeds of resale (or simply for display in three separate locations), thartist will have a claim for copyright infringement provided she caprove that there has been prejudice to her reputation. Section 106A-apart of the right of integrity-also bars the intentional or grossly negligent "destruction of a work of recognized stature." (The latter term is nodefined, although its content was delineated in earlier versions of thlegislation.)

The 1990 amendments also added a new section 113(d) to deal witthe removal of works...