How are moral rights protected?

In Kansas, moral rights are protected by the Visual Artists Rights Act of 1990. The Act defines moral rights as a “personal right of artists to claim authorship of their works and to protect against the destruction, distortion, or mutilation of their works that would be prejudicial to their honor or reputation.” Examples of moral rights include the right to attribution, meaning that an artist should receive credit for their work; the right of integrity, allowing an artist to prevent any distortion or modification that could harm the artist’s reputation; and the right to withdraw, which allows an artist to remain anonymous, to opt out of public displays of their work, or to request that their work be removed from public view. The VARA does not provide compensation to the artist if their moral rights are violated. Rather, it provides a remedy to prevent the infringement from occurring in the first place. The Act is aimed at protecting the rights of the artist but holds the artist or the infringer responsible if they do not adhere to its terms. Additionally, the VARA states that any contract or agreement that conflicts with the requirements of the Act will be void. This means that an artist cannot waive or transfer any of their moral rights. In order to enforce these rights, an artist must file a lawsuit in court. The court may then issue an injunction preventing any further violation of the moral rights of the artist. With proper protection and enforcement, moral rights can help ensure that artists will receive recognition and be respected for their work.

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