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The Visual Artists Rights Act (VARA) provides some moralrights: non-economic rights personal to the author of a work. VARA was passed in compliance with the Berne Convention, the international copyright treaty that requires countries to provide the basic rights of attribution and integrity to authors.
In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Right: Photo courtesy of Katie Hagebols retrieved from [link]. What about moralrights?
Copyright Act to provide living creators of “works of visual art” [2] with certain non-transferable “moralrights” with respect to their artwork. [3] VARA VARA was enacted in 1990 as an amendment to the U.S. ” [5] The latter has become known as the “public presentation” exception.
Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. Because economic rights can be assigned, copyright has a value realisable in money.
Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Most artwork created in ghettos and concentration camps is today, by default, Orphaned Work.
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