Get Vara Waiver

The federal Visual Artists Rights Act of 1990 (VARA) protects visual artists' "moral rights" by prohibiting the destruction of "visual art," including paintings, drawings, sculptures or photographs, of "recognized stature."

These rights are separate from ownership of the work itself and from the copyright to the work, which includes the right to reproduce, broadcast, display and/or perform the work in public.

The federal Visual Artists Rights Act of 1990 (VARA) protects visual artists' "moral rights" by prohibiting the destruction of "visual art," including paintings, drawings, sculptures or photographs, of "recognized stature."

Exclusive rights under VARA right to claim authorship. right to prevent the use of one's name on any work the author did not create. right to prevent use of one's name on any work that has been distorted, mutilated, or modified in a way that would be prejudicial to the author's honor or reputation.

VARA waivers are rare because written contracts for art transactions are rare. There is a distinction between "moveables," such as paintings and sculptures, and works incorporated into buildings. Waivers for the latter, as recognized in section 113(d), are likely to increase after the Carter case.

VARA, like other statutory copyright legislation, has both a private and a public justification. The first aim of the Act is to encourage visual artists to make and disseminate works of art by affording them certain protections and remedies against the destruction or damage to that art.

THE VARA STATUTE The right of attribution or the artist's right to claim ownership of the piece of work created by him/her, or to deny authorship of a work not of his/her making. The right of integrity of the work deals with the artist's right to prevent mutilation or alteration or to recover damages.

VARA, like other statutory copyright legislation, has both a private and a public justification. The first aim of the Act is to encourage visual artists to make and disseminate works of art by affording them certain protections and remedies against the destruction or damage to that art.