How Fine Art Fares Posts Vara

46 Pages Posted: 18 Nov 2005

Abstract

This Article explores the main provisions of the Visual Artists Rights Act that have been the subject of litigation. These include the work made for hire exclusion, the interpretation of certain qualifying phrases such as prejudicial to honor or reputation, and work of recognized stature, and the preemption provisions. It also addresses whether VARA effectuates a taking and the waiver issue. In addition to discussing in detail the relevant litigation, this paper provides commentary on the analytical framework required for evaluating these issues.

Suggested Citation

Kwall, Roberta Rosenthal, How Fine Art Fares Posts Vara. Marquette Intellectual Property Law Review, Vol. 1, No. 1, 1997. Available at SSRN: https://ssrn.com/abstract=849724

Roberta Rosenthal Kwall (Contact Author)

DePaul University - College of Law ( email )

Center for Intellectual Property Law & Information
25 East Jackson Blvd.
Chicago, IL 60604-2287
United States
312-362-8131 (Phone)
312-362-5448 (Fax)

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