Friday, December 8, 2023

Podcast: Charging Bull v. Fearless Girl, Cady Noland, 5Pointz, Moral Rights

Image courtesy of Sebastian Alvarez. Via Wikipedia and Creative Commons License.

Image courtesy of Sebastian Alvarez. Via Wikipedia and Creative Commons License.

Does an artist have the legal right to protect her work from the encroachment of another artist’s artwork? That’s the question facing Arturo Di Modica, creator of Wall Street’s iconic bronze Charging Bull, which last month was joined by another, more diminutive bronze called Fearless Girl. Di Modica argues the addition—which stares down his bull—changes the message of his work and violates his copyright and moral rights.

On this Artsy Podcast episode, two art lawyers—Yayoi Shionoiri, Senior Counsel at Artsy, and Sergio Muñoz Sarmiento, art lawyer, professor, writer, and founder of New York’s Art & Law Program— discuss the U.S. law at the heart of Di Modica’s claim. That’s the Visual Artist Rights Act (VARA), which gives artists certain rights over their work. Though perhaps not a household name, VARA is a singular law that has had an outsized influence on the art world since its passage in 1990.

You may access the Artsy Podcast here.


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