Golden Gate University Law Review


While eleven states have enacted legislation creating moral rights for artists, until recently there was no federal law addressing the issue. The Visual Artists Rights Act of 1990,10 which became effective June 1, 1991, creates federal moral rights for artists and contains provisions specifically covering artwork incorporated into buildings. This article will begin with a brief overview of VARA and a detailed analysis of the provisions covering artwork incorporated into buildings. The focus of the article will address the many problems concerning the rights and duties of artists and real property owners under VARA, and will propose solutions to these problems that will best serve the interests of both.