On Thursday, February 20, 2020, the United States Court of
Appeals for the Second Circuit released a long-awaited final ruling
on an issue of first impression regarding interpretation of the
Visual Rights Act of 1990 ("VARA"). VARA provides unique
federal protection granting artists of eligible visual artworks,
regardless of whether the artist is the copyright owner, certain
moral rights in their visual works. The rights include the ability
to prevent any "intentional distortion, mutilation, or other
modification" of their work that would be prejudicial to the
artist's "honor or reputation," and to prevent any
destruction of a work of "recognized stature," of which
any "intentional or grossly negligent destruction" is a
violation of the artist's moral rights. 17 U.S.C. §
106A.
