What’s the Top Art Law Case of the Decade?
What’s the top art law case of the decade, or the ’00s as it’s being called?
My vote is not really about a case per se, but more so for a legal issue: the Visual Artists Rights Act of 1990 (“VARA”). Both the Chapman Kelley v. Chicago Park District and the Mass MoCA v. Büchel cases will be instrumental in establishing whether VARA is gutted of any legal force and therefore useless, or read with a clarity and therefore granting visual artists the moral rights originally intended by congress in 1990: the right of attribution and the right of integrity. The right of attribution generally consists of the right of an artist to be recognized by name as the author of his work or to publish anonymously or pseudonymously, the right to prevent the author’s work from being attributed to someone else, and to prevent the use of the author’s name on works created by others, including distorted editions of the author’s original work. The right of integrity allows the author to prevent any deforming or mutilating changes to his work, even after title in the work has been transferred.
Both cases are on appeal–the 7th and 1st Circuits respectively–and decisions to both are expected any minute now.
What’s your vote for the top art law case of the ’00s, and looking forward, what’s the top legal issue for visual artists? Let me know: firstname.lastname@example.org. I’m taking a poll and entering names into my digital hat. Winner gets lunch on me in NYC at my favorite Mexican food restaurant (and for you out-of-towners, this is good next time you’re in town).