How are moral rights protected?

In Texas, the protection of moral rights is provided for by the Texas Visual Artists Rights Act (VARA). The Act provides that an artist has the right to prevent the distortion, mutilation, or modification of his or her work that would be prejudicial to his or her honor or reputation. The artist also has the right to have his or her name or pseudonym attached or associated with the work, if he or she so chooses. This protection extends even after the copyright in the work has expired. The Act grants the artist some remedies in the event that his or her moral rights are violated. These remedies include injunctive relief, damages, and restitution. Injunctive relief is an order from the court that requires the defendant to cease the conduct that is infringing upon the artist’s moral rights. Damages are a monetary award from the court, and restitution is a court-ordered restoration of the work to its original state. Thus, through the Visual Artists Rights Act, artists in Texas have the assurance that their moral rights are protected and that they have recourse if they are violated. This Act is an important tool for ensuring that the work of Texas artists is respected and perpetuated.

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