The Visual Artists Rights Act as it Applies to Film

Anytime copyrighted works are incorporated into a film project there is an extensive process. That takes place as the filmmaker seeks to maintain a clean chain of title. And to include all appropriate rights and permissions along the way. The Visual Artist Rights Act, one of many laws and focuses of Copyright protection, provides American artists with moral rights to their works. Which can greatly impact the way that copyrighted works are incorporated into films providing unique protections for the copyright owners.

If you’re not familiar with the Visual Artists Rights Act, it essentially provides new protections to creators that allows for extended copyright coverage. Even in the event that art ownership transfers out of the hands of the original creator.

Basically, the Visual Artist Rights Act makes it possible for creators to initiate protections for their work even in the event that it changes hands.

No matter who owns the art, the Visual Artist Rights Act provides protections for the original creator. Regardless of how the work progresses or transpired over time.

For example, if a painter produces a painting, and the owner later seeks to destroy the painting. The original painter can sue the owner for taking such action. This is a moral right that the Visual Artist Rights Act (VARA) covers along with many other rights.

Rights of VARA

Under VARA, artists may claim all of the following rights:

• Right to stake a claim to authorship.
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• The right to prevent someone from using the name of the author on any work that was not explicitly created by the author.
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• Right to prevent others from placing the name of the author on a work that has been distorted, mutilated. Or otherwise modified from what would be respected as the original author’s honor or reputation for work.
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• The right to prevent the mutilation of or distortion of work that would cause prejudice to the author’s honor.

What Does VARA Mean for Filmmakers?

Although the Visual Artists Rights Act does not apply to films. There are still important reasons for a filmmaker to understand how this works. Primarily, filmmakers frequently employ the use of creative works in their films.

Particularly in the backgrounds and props that are produced for a film project. In the event that original art is used for these purposes. The art including paintings and drawings as well as basic still photos is protected by VARA.

This means that filmmakers are bound by the terms of the Visual Artists Rights Act to use such works without impeding on or otherwise disrupting the satisfaction of the original artist in the process.

In Summary

If you’re a filmmaker, it’s important that any use of art that is protected by VARA does not involve the destruction, mutilation, or distortion of the work without the original artist’s permission to do so.

While it’s a complicated process, it’s all part of understanding the Visual Artists Rights Act for filmmakers and what it means to your production.