VARA is the first federal legislation allowing American artists to protect their works' integrity and to be recognized as authors despite the continuing sale or other transfer of their art. Such privileges, known as "moral rights," have been an integral part of European law for over a century, and have been incorporated into many American states' laws within recent years. With the passage of VARA, the moral rights laws of many states became redundant. This note attempts to determine the extent to which VARA preempts state laws, focusing on the New York, California, and Massachusetts statutes.
Joshua H. Brown,
Creators Caught in the Middle: Visual Artists Rights Act Preemption of State Moral Rights Law,
15 Hastings Comm. & Ent. L.J. 1003
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol15/iss4/8