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Look, But Don't Touch: The Consequences of Removing, Modifying or Destructing Visual Art in Buildings
Unknowing building owners can incur substantial liability when incorporating certain artistic works within their buildings. The Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. 106A, limits the ability of a building owner to alter, move, or remove a “work of visual art.” This article will provide an overview of this statute and its interpretation and application by various courts.
VARA applies to works of visual art, defined as “a painting, drawing, print, sculpture, or photograph (but only photographs created for exhibition purposes) existing in a single copy or a limited edition of no more than 200 copies and … meet[ing] certain specified criteria as to signature and numbering.” The statute grants creator(s) of these works the rights to prevent removal, modification, or destruction of the work under certain conditions. It also grants certain “moral rights”: “attribution,” protecting (1) the author's interest in receiving recognition for the work, and (2) the artist's right to disassociate himself from a work altered in a manner the artist deems detrimental to his reputation; and “integrity,” protecting the artist's interest in preserving the work in its original form. These rights cannot be assigned or transferred by the artist and endure for the artist's life. Even if a builder, building owner, or architect purchases the work and the copyright, the artist still retains the right to prevent the modification or destruction of the work.
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