Last year the New York Law Journal published the authors’ primer on the federal Visual Artists Rights Act of 1990 (VARA) which protects visual artists’ “moral rights” by prohibiting the destruction of “visual art,” including paintings, drawings, sculptures or photographs, of “recognized stature.”1
That article focused primarily on educating landlords on the issues raised by VARA. Given the increase in the use of art to market hotels, offices and apartment buildings, this article will address a number of issues that artists may raise when given agreements by landlords commissioning their work.
VARA Overview
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