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Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Texas A&M University School of Law

Texas A&M Journal of Property Law

Journal

2022

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Full-Text Articles in Entertainment, Arts, and Sports Law

Vara Turns Thirty-One: How Amending The Visual Artists Rights Act Of 1990 To Add Guiding Language Can Further Advance The Act’S Purpose, Ana-Victoria Moreno Feb 2022

Vara Turns Thirty-One: How Amending The Visual Artists Rights Act Of 1990 To Add Guiding Language Can Further Advance The Act’S Purpose, Ana-Victoria Moreno

Texas A&M Journal of Property Law

Congress passed the Visual Artists Rights Act (“VARA”) in 1990, introducing the doctrine of moral rights into United States law. Moral rights consist of four rights: attribution, disclosure, withdrawal, and integrity. VARA recognizes the rights of attribution and integrity to preserve the integrity of artworks and of the country’s cultural heritage by encouraging artists to create. The passing of VARA has been met with criticism but also with excitement that Congress recognized the importance of artists’ non‌-economic rights. In the thirty‌-one years since the enactment of VARA, caselaw has developed that shows how courts and parties are interpreting its language. …