3 ms·

Litigating this seems like a pretty quick way to kill future sales of your artwork...

sandworm101 8y ago
You can't. Artists cannot divest themselves of future moral rights via contract. If you want to change a work, you have to go back to the artist each and every time. If artists could simply lift them, moral rights would be just another thing waived in every sale. But moral rights are not copyrights. They cannot be used to prevent future sales (ie first sale doctrine).
- PhasmaFelis 8y ago
  Artists absolutely can choose whether or not to sue their customers for putting a wreath on a goose sculpture.
- gamblor956 8y ago
  That's true in the EU, which is why commissioned public sculptures and other forms of visual art have become a rarity of late in the EU.
- nulbyte 8y ago
  In the US, artists can waive their rights under VARA; see 17 USC 106A(e): https://www.law.cornell.edu/uscode/text/17/106A https://www.law.cornell.edu/uscode/text/17/106A.
acomjean 8y ago
apparently art is like software.. You have a license to enjoy it? Any private land owners is going to think twice about art on their property after 5-points in NYC and the artist that stuck a small girl to stand down the wall street bull which lawsuits. http://gothamist.com/2018/09/26/5_pointz_judgment_appeal.php http://gothamist.com/2018/09/26/5_pointz_judgment_appeal.php http://gothamist.com/2017/04/12/fearless_girl_charging_bull.php http://gothamist.com/2017/04/12/fearless_girl_charging_bull....
- xxpor 8y ago
  No, anyone who does anything like 5 pointz will be smart enough to get a VARA waiver.
- barry-cotter 8y ago
  The Bull, guerilla street art, the girl, corporate advertising. https://hyperallergic.com/364474/the-sculpture-of-a-fearless-girl-on-wall-street-is-fake-corporate-feminism/ https://hyperallergic.com/364474/the-sculpture-of-a-fearless... > here is the truth about “Fearless Girl”: It features a branded plaque at its base. The companies that installed it had a permit. They are advertising firm McCann New York

You can't. Artists cannot divest themselves of future moral rights via contract. If you want to change a work, you have to go back to the artist each and every time. If artists could simply lift them, moral rights would be just another thing waived in every sale. But moral rights are not copyrights. They cannot be used to prevent future sales (ie first sale doctrine).

PhasmaFelis 8y ago
Artists absolutely can choose whether or not to sue their customers for putting a wreath on a goose sculpture.
gamblor956 8y ago
That's true in the EU, which is why commissioned public sculptures and other forms of visual art have become a rarity of late in the EU.
nulbyte 8y ago
In the US, artists can waive their rights under VARA; see 17 USC 106A(e): https://www.law.cornell.edu/uscode/text/17/106A https://www.law.cornell.edu/uscode/text/17/106A.

acomjean 8y ago

apparently art is like software.. You have a license to enjoy it? Any private land owners is going to think twice about art on their property after 5-points in NYC and the artist that stuck a small girl to stand down the wall street bull which lawsuits. http://gothamist.com/2018/09/26/5_pointz_judgment_appeal.php http://gothamist.com/2018/09/26/5_pointz_judgment_appeal.php http://gothamist.com/2017/04/12/fearless_girl_charging_bull.php http://gothamist.com/2017/04/12/fearless_girl_charging_bull....

xxpor 8y ago
No, anyone who does anything like 5 pointz will be smart enough to get a VARA waiver.
barry-cotter 8y ago
The Bull, guerilla street art, the girl, corporate advertising. https://hyperallergic.com/364474/the-sculpture-of-a-fearless-girl-on-wall-street-is-fake-corporate-feminism/ https://hyperallergic.com/364474/the-sculpture-of-a-fearless... > here is the truth about “Fearless Girl”: It features a branded plaque at its base. The companies that installed it had a permit. They are advertising firm McCann New York