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ARTICLE · 29 SEPTEMBER 2020

Noh Publishes Article On Considerations For "Protest Art" Protections Under VARA

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Partner and Art Law Group co-chair Megan Noh explored the nuisances of the federal Visual Artist's Rights Act (VARA) as it relates to "protest art" and the Black Lives Matter movement

United StatesIntellectual Property
Megan Noh
Megan Noh
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Partner and Art Law Group co-chair Megan Noh explored the nuisances of the federal Visual Artist's Rights Act (VARA) as it relates to "protest art" and the Black Lives Matter movement. Enacted in 1990, VARA is intended to protect artists' intellectual property. However, the validity of an artist's claim to work illegally placed on another person's property complicates the issue. According to Noh,

"While logical in their intent, VARA's notice provisions do not necessarily contemplate the type of spontaneous and rapid installation that has been witnessed in the context of the recent protests ... it seems unlikely that many political activists responding to the dynamic political events of the spring and summer of 2020 are rushing to file 'Visual Arts Registry Statements' and ... how long might it take for the Copyright Office to record such statements? ... In the absence of such a recorded artist's statement, might a property owner's effort to contact the author of

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