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Moral rights apply to unfinished works

Saturday, January 30th, 2010 | blogging

The Times reports:

A federal appeals court has decided that a lower court erred in 2007 when it ruled in favor of the Massachusetts Museum of Contemporary Art in a bitter dispute between the museum and the artist Christoph Büchel over an immense, unfinished installation.

The United States Court of Appeals in Boston ruled on Wednesday that a federal district judge should have found that the Visual Artists Rights Act of 1990 — part of the Copyright Act that protects artists against having their names associated with works “in the event of a distortion, mutilation or other modification of the work” — applies to unfinished works like Mr. Büchel’s.

“Moral rights protect the personality and creative energy that an artist contributes to his or her work,” the ruling by the three-judge panel found. “That convergence between artist and artwork does not await the final brushstroke or the placement of the last element in a complex installation.”

The judgment is here; Art Law Blog reports here, and points us to disappointment three years ago at the lower court ruling here.

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