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ARTICLE · 01 APRIL 2022

Does VARA Prevent An Institution From Obscuring A Visual Work That Some People Find Offensive?

Frankfurt Kurnit Klein & Selz PC
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What happens if an institution decides to obscure a work of art on the ground that that it is offensive and unworthy of continued display?

United StatesIntellectual Property
Edward Rosenthal
Edward Rosenthal
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What happens if an institution decides to obscure a work of art on the ground that that it is offensive and unworthy of continued display? This question currently is being briefed in the United States Court of Appeals in a case involving murals at  Vermont Law School.  And the decision could have broad implications for future efforts to destroy or remove works of art.

In a nutshell, in 1993 an artist named Samuel Kerson painted two large murals on the walls of a Vermont Law School building.   The works are described as depicting the evils of slavery and the efforts of abolitionists and Vermonters in helping enslaved persons seeking to escape.  One panel of the mural depicts the violent capture of people in Africa, their forced sale at auction and the brutality of slave labor.  The other panel depicts abolitionists and the role of Vermonters in sheltering escaped enslaved people and helping them get to Canada.  

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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