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

1997

Marquette University Law School

Visual Artists Rights Act

Articles 1 - 3 of 3

Full-Text Articles in Law

How Fine Art Fares Post Vara, Roberta Rosenthal Kwall Jan 1997

How Fine Art Fares Post Vara, Roberta Rosenthal Kwall

Marquette Intellectual Property Law Review

Professor Kwall discusses the implications of the recently enacted Visual Artists Rights Act ("VARA"). VARA, the only U.S. statute addressing the issue of moral rights, attempts to protect an artist's personal rights in his own works. Kwall details the effectiveness of the Act in a society that has not traditionally recognized such rights. Professor Kwall examines the many flaws of VARA and supports further legislation to strengthen the protection of artists' moral rights.


Of Moral Right And Righteousness, Sharon W. Halpern Jan 1997

Of Moral Right And Righteousness, Sharon W. Halpern

Marquette Intellectual Property Law Review

In response to Professor Kwall's article, Professor Halpern provides an exploration of the differences between European countries that provide broad moral right protection and the United States. Professor Halpern recommends an examination of the role artists and creators of intellectual property play in the culture of the United States in order to form a consensus on which a United States moral right regime may be built.


United States' Moral Right Developments In European Perspective, Marina Santilli Jan 1997

United States' Moral Right Developments In European Perspective, Marina Santilli

Marquette Intellectual Property Law Review

Professor Santilli provides a European perspective on the United States' recent enactment of VARA. She questions the United States' commitment to the recognition of moral rights by scrutinizing the effectiveness of the Act. Her article provides commentary on Professor Kwall's article and a comparative analysis of moral rights.