Moral rights apply to unfinished works
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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