What are an artist’s moral rights?

Moral rights are rights held by an artist and even after the copyright on a work passes to another person, the original artist retains these rights. In Kansas, moral rights are primarily governed by the federal Visual Artists Rights Act, which grants moral rights to artists of visual, graphic, and sculptural works. Moral rights involve protecting the reputation and integrity of the artist’s work. Specifically, this includes the right of the artist to be recognized as the author of the work, the right of the artist to disclaim any work, and the right of the artist to prevent the use of his or her name in connection with a work which the artist finds distasteful. The Visual Artists Rights Act also provides for the right of integrity of the work, whereby a work cannot be distorted, mutilated, or otherwise modified in a manner that is derogatory or would potentially damage the artist’s reputation. In addition, the artist has the right to prevent the destruction of a work of recognized stature, although this only applies if the work is located in a public place and owned by a governmental entity, an educational institution, or a museum. Overall, moral rights are important to protect the reputation and integrity of an artist’s work. The Visual Artists Rights Act allows artists in Kansas to have legal protection of their work from distortion, mutilation, or destruction. It also grants them the right to be recognized as the author of the work and to prevent their name from being connected to a work which they find distasteful.

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