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Cardozo Law Review

Abstract

This Note explores those sections of VARA which specify the conditions under which a visual artist may waive the protection granted by the 1976 Copyright Act. Specifically, it discusses the waiver provisions which address the most troublesome protected works-works of art that are incorporated into buildings. Part I of this Note explains the evolution of droit moral doctrine in European copyright law, the role it plays in the Berne Convention, and a comparison between its application in Europe and the United States. Part II presents a discussion of the United States accession to the Berne Convention and the hurdles to ratification that the issue of droit moral posed. Part III examines the scope of protection provided by VARA. Part IV focuses on the dual waiver structure imposed by VARA. Finally, Part V proposes two alternate solutions. The first is the removal of all waiver provisions from VARA to make it true to the spirit of the Berne Convention. The second proposal is for the institution of a uniform moral rights waiver structure as an alternative to the present dual waiver scheme.

Keywords

Intellectual Property Law, Congress, Legislative Branch, Copyright, Moral Rights of Artists

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Law

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