Abstract

http://ssrn.com/abstract=1460449
 


 



Dead on the Vine: Living and Conceptual Art and Vara


Charles Cronin


ISP/Yale Law School

August 24, 2009


Abstract:     
The Visual Artists Rights Act of 1990 (VARA), arriving in the wake of U.S. adherence to the Berne Convention, provides moral rights of integrity and attribution to artists who have created certain copyrightable physical works of visual art. Since - and before - the time of VARA’s enactment, however, many artists have been working with genres and media to produce art that is not comfortably accommodated within the scope of protected works contemplated by VARA. An increasing number of recent works of Conceptual and Appropriationist Art raise questions about fixation and original expression that are required for copyrightability that, in turn, is required for protection under VARA. This article discusses the uncomfortable fit of VARA and many contemporary works of art, and particularly those that incorporate to a significant extent living works in their natural state. The discussion focuses on the recent decision in a dispute involving a VARA claim in a living landscape (Chapman Kelley v. Chicago Park District, N.D. Ill., 2008). It concludes that works of art in which nature and chance play a dominant role are Conceptual works in which the artist’s contribution is limited to ideas that should not be protected by copyright or VARA.

Number of Pages in PDF File: 79

working papers series





Download This Paper

Date posted: August 26, 2009  

Suggested Citation

Cronin, Charles, Dead on the Vine: Living and Conceptual Art and Vara (August 24, 2009). Available at SSRN: http://ssrn.com/abstract=1460449 or http://dx.doi.org/10.2139/ssrn.1460449

Contact Information

Charles Cronin (Contact Author)
ISP/Yale Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States

Feedback to SSRN


Paper statistics
Abstract Views: 662
Downloads: 133
Download Rank: 128,794

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.343 seconds