California Courts of Appeal,
Intellectual Property
Sep. 13, 2023
Display lefts and rights
Vermont Law School decided to build a wall of acoustic panels just two inches in front of the mural, but not touching the mural. They did this because of something called the Visual Artists Rights Act, or VARA, which protects an artist’s rights of attribution and integrity in particular works, such as murals. Under VARA, the owner of a mural can’t simply paint over, modify, or destroy the mural, at least not without satisfying several requirements.
John R. Wierzbicki
I.P. lawyer
Law Offices of John R. Wierzbicki
Wierzbicki is the vice-chair of the Copyright Interest Group of the I.P. Section of the California Lawyers Association.
[SPOILER ALERT: This article will discuss key elements of the plots of Hunley v. Instagram, LLC (9th Cir. 2023) 73 F.4th 1060 and Kerson v. Vermont Law School, Inc. (2d Cir. 2023) ___ F.4th ___. 2023 WL 5313521.]
Some months ago, there was a lot of buzz about the “Server Test.” I’ve been a sucker for reality shows in which cooks are berated for the most minor kitchen peccadillos, so I thoug...
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