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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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.