Application and Effect
VARA's application is limited to visual works that fall within a narrowly defined category. However, for works that do fall within the category of protected works, VARA imposes substantial restrictions on any modification or removal of those works. Purchasers of the works must obtain written waivers from the author if they wish to exercise any of the exclusive rights under VARA.
This has particularly been an issue for those that commission public sculptures. Absent a waiver, artists could effectively veto decisions to remove their structures from their benefactor's land. In a 2006 decision involving public sculptures that were removed from the park for which they were created, the United States Court of Appeals for the First Circuit ruled that VARA does not protect location as a component of site-specific work. VARA covered works can be moved as long as the move does not constitute "destruction, distortion, or mutilation."
Read more about this topic: Visual Artists Rights Act
Famous quotes containing the words application and/or effect:
“The human mind is capable of excitement without the application of gross and violent stimulants; and he must have a very faint perception of its beauty and dignity who does not know this.”
—William Wordsworth (1770–1850)
“We are such docile creatures, normally, that it takes a virus to jolt us out of life’s routine. A couple of days in a fever bed are, in a sense, health-giving; the change in body temperature, the change in pulse rate, and the change of scene have a restorative effect on the system equal to the hell they raise.”
—E.B. (Elwyn Brooks)