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:
“It is known that Whistler when asked how long it took him to paint one of his “nocturnes” answered: “All of my life.” With the same rigor he could have said that all of the centuries that preceded the moment when he painted were necessary. From that correct application of the law of causality it follows that the slightest event presupposes the inconceivable universe and, conversely, that the universe needs even the slightest of events.”
—Jorge Luis Borges (1899–1986)
“Other countries drink to get drunk, and this is accepted by everyone; in France, drunkenness is a consequence, never an intention. A drink is felt as the spinning out of a pleasure, not as the necessary cause of an effect which is sought: wine is not only a philtre, it is also the leisurely act of drinking.”
—Roland Barthes (1915–1980)