The Visual Artists Rights Act Of 1990 (VARA)

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The Visual Artists Rights Act of 1990 (VARA) was enacted as 17 U.S.C. § 106A to protect the moral rights of visual artists . The act was designed to mimic Article 6 of Berne Convention for Protection of Literary and Artistic Works. However, VARA covers only certain works of art with the extensive limitations. In the small amount of cases, which involve VARA issues, the courts have been struggling to implement VARA. The predominant problems that the courts stumbled upon, among others that I did not fully identity yet, concern definition of stature of the artists (and the relevant ways to prove the statute); whether the site specific art is covered by VARA; whether the work of art has to consist of one piece or can contain a few separate