Federal Moral Rights for Visual Artists: Contract Theory and Analysis

This Article is intended neither as an introduction to contract principles for visual artists nor as a comprehensive analysis or study of art law contracts. Nor is this Article intended as a "how to negotiate a contract" manual for visual artists with annotations and forms. Works such as these already exist and are available for both attorneys and artists. Furthermore, this Article is not an exhaustive treatment of the philosophical, political and sociological forces that shaped the American recognition of moral rights for visual artists under the United States Copyright Act.

Instead, this Article looks critically at the immediate, potential effect that the Visual Artists Rights Act can have on visual artists in drafting and negotiating their contracts with printers, co-authors, galleries, auctioneers, museums, consignees, bailees, and other purchasers. In short, the Article concentrates on how artists and those who contract with them can use the Visual Artists Rights Act (Act) intelligently in negotiating and drafting agreements.