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Moral Rights for Artists in the U.S.

1h

Created on October 20, 2015

Intermediate

Overview

What rights do artists have to protect the integrity of their work? Can a city make changes to an artist’s sculpture garden in a public park? 

Join intellectual property attorney Logan Lo for this presentation on an artist’s moral rights in the United States. Lo first reveals the absence of moral rights prior to 1990, through the seminal cases of Alberto Vargas and Alfred Crimi. Lo also explains how the landscape changed with the passage of The Visual Artist Rights Act of 1990 and how, in certain circumstances, the statute protects artists from the attribution, mutilation, or destruction of their work. 

Following that, Lo provides an in-depth analysis of famous paintings, songs and books (including Victor Hugo's Les Miserables and Van Gogh's Starry Night) and examines whether the artist’s moral rights were violated by technological and other changes to the original work.

After watching this program, attorneys will be able to counsel their clients on whether moral rights are attached to their art and how to protect the integrity and attribution rights of their work.

 

Learning Objectives:

I.     Grasp the legal landscape of U.S. Moral Rights Prior to 1990 

II.    Understand pinnacle cases including: 

       - The Alberto Vargas Case 

       - The Alfred Crimi Case 

III.   Gain familiarity with The Visual Artist Rights Act of 1990 (VARA) 

IV.   Distinguish between VARA v. Traditional European Rights 

V.    Preserve your client artist’s intent

 

 

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