Recent Bar Journal Article

Read and comment:

In this Digital Age, Are We Protecting Tomorrow’s “Masterpieces”?

You may want to skip forward in your reading on VARA and Moral Rights before commenting.

This entry was posted on Saturday, September 29th, 2007 at 9:10 am and is filed under moral rights. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

2 Responses to “Recent Bar Journal Article”

  1. canglins Says:
    October 8, 2007 at 4:54 pm |

    I agree with the authors that digital art should be protected under VARA. Moral rights do exist even though this medium has not been specifically referenced as a “visual art.” VARA specifically allows protection for paintings, drawings, printings, sculptures, and still photographs created for exhibition. So the question is whether digital art fits into one of the listed categories? I agree with the author that the definitions of “painting” and “drawing” adequately provide protection for graphic art. The definitions that the authors cite never specifically name what medium is required.

    I don’t see graphic art as the product of a computer; it is simply the medium or a “new kind” of canvas. The creative component comes from the author of the visual art and thus deserves protection from mutilation and distortion. It is the author, not the computer, that makes the artistic decisions and directs the computer on its course.

    Stephanie Canglin

  2. bensong Says:
    October 14, 2007 at 10:14 am |

    I would have to agree with Ms. Canglin. As she pointed out graphic art is simply a new kind of canvas in the art world. Taken in a different context, no one would probably draw the distinction between something written on a computer and something written on paper. As we move forward in time, new mediums and new methods of creating art are going to appear, however, to say graphic art isn’t a painting because there is no liquid paint or isn’t a drawing because someone’s hand didn’t put the pen directly on paper is missing the point of VARA. VARA’s purpose is to essentially provide moral rights to authors under limited circumstances to protect the integrity of their works. I think graphic art are encompassed in those limited circumstances, and thus, are worthy of protection under VARA.

    Gail Benson

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