What is the U.S. Visual Arts Rights Act?

The U.S. Visual Arts Rights Act (VARA) is a federal law that gives certain rights to artists who create visual works of art, such as paintings, sculptures, and photographs. This law is intended to protect the integrity and rights of the creators of visual works of art by providing them with certain copyright protections and moral rights. Under VARA, artists are entitled to have their name or pseudonym attached to their works of art, and to protect their works from destruction or distortion. In Nebraska, VARA applies to works of fine art created after June 1, 1991, and it is important to note that copyright is not available for works of “applied art”, such as jewelry or furniture. VARA provides moral rights to visual art creators, meaning that they are entitled to have their name or pseudonym attached to their work, to prevent destruction or distortion of the work, and to prevent the work’s use in a way that would be prejudicial to their honor or reputation. In order to enforce these rights, the artist must provide written notice and specify which rights are being invoked. The artist must demonstrate that the destruction or distortion of the work is significantly prejudicial to their reputation. If the artist succeeds in demonstrating this, a court can award damages and/or an injunction to prevent further infringement of the rights. By providing these protections, VARA ensures that the creators of visual works of art are compensated and their rights are protected. This law promotes creativity and makes sure that artists are given the respect they deserve.

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