How Fine Art Fares Posts Vara
This Article explores the main provisions of the Visual Artists Rights Act that have been the subject of litigation. These include the work made for hire exclusion, the interpretation of certain qualifying phrases such as prejudicial to honor or reputation, and work of recognized stature, and the preemption provisions. It also addresses whether VARA effectuates a taking and the waiver issue. In addition to discussing in detail the relevant litigation, this paper provides commentary on the analytical framework required for evaluating these issues.
Roberta Rosenthal Kwall, How Fine Art Fares Post Vara, 1 Marq. Intell. Prop. L. Rev. 1 (1997)