Citation Edit

Visual Artists Rights Act of 1990 (VARA), Tit. VI of the Judicial Improvements Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089, 5128 (Dec. 1, 1990).

Overview Edit

The Act, enacted after the United States adhered to the Berne Convention and codified in section 106A of the U.S. Copyright Act, provides the moral rights of attribution and integrity to authors of certain types of visual works. However, VARA applies only to a narrowly defined category of works, and is more concerned with the integrity of the "original copies" than with reproductions.

The exclusions from VARA make it unlikely that VARA will present issues for digital preservation. VARA does not apply to reproductions of works of visual arts in books, periodicals, data bases, electronic information services, electronic publications and other categories excluded from the definition of "work of visual art."[1] In addition, the modification of a work of art as the result of conservation or public presentation is not actionable unless it is the result of gross negligence.[2]

References Edit

  1. 17 U.S.C. §106A(c)(3).
  2. Id. §106A(c)(2).

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