Comments on: Recent Bar Journal Article http://copyrightlaw.wordpress.com/2007/09/29/recent-bar-journal-article/ Law 6102 - Professor Randazza’s Copyright Law Course - Barry University School of Law - Fall 2007 Tue, 03 Jun 2008 19:09:47 +0000 http://wordpress.com/ hourly 1 By: bensong http://copyrightlaw.wordpress.com/2007/09/29/recent-bar-journal-article/#comment-1077 bensong Sun, 14 Oct 2007 15:14:33 +0000 http://copyrightlaw.wordpress.com/2007/09/29/recent-bar-journal-article/#comment-1077 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 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

]]> By: canglins http://copyrightlaw.wordpress.com/2007/09/29/recent-bar-journal-article/#comment-1073 canglins Mon, 08 Oct 2007 21:54:01 +0000 http://copyrightlaw.wordpress.com/2007/09/29/recent-bar-journal-article/#comment-1073 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 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

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