What is the Visual Artists Rights Act of 1990?

The Visual Artists Rights Act of 1990 (VARA) is a federal law that grants rights to certain visual artists regarding their artwork. This act applies only to works of “recognized stature” in the US and is meant to protect the integrity of works of fine art (such as paintings, sculptures, drawings, prints, and photographs) that are of recognized stature. In Delaware, works of recognized stature are defined as works “in which a person’s identity is linked directly or indirectly” to the work. The purpose of VARA is to protect visual artists from having their work altered or destroyed in a way that harms their reputation or honor. The law also grants visual artists the right to be associated with their work by way of a copyright notice or other identification. This means visual artists can control who reproduces their work and in what form. Further, VARA grants visual artists the right to sue anyone who damages or destroys their work or misattributes it. This means that visual artists can still hold a copyright to their work and can have a say in the form that it is presented in. To ensure artists rights under VARA, visual artists should register their work with the United States Copyright Office in order to be considered under the law. Without a copyright, VARA does not apply. Overall, VARA is a powerful tool that offers visual artists in Delaware protection from having their work misattributed or damaged.

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