Student Clare McQueen presents on VARA at Stetson Law Review Scholarship Luncheon
By Taylor Allyn
On March 26, Clare McQueen presented her paper, “The Visual Artists Rights Act: Why Graffiti Art Merits Protection,” at the Stetson Law Review spring scholarship luncheon. A panel comprised of Stetson Law Associate Dean Darryl Wilson, local patent attorney Brittany Maxey-Fischer, St. Petersburg Museum of Fine Arts curator of contemporary art Katherine Pill, and local artist Jennifer Kosharek provided specialized insights into copyright law and the preservation and protection of art.
McQueen began by giving a brief history of graffiti and street art, noting the general shift in public attitudes to this art form. Street art can encourage rehabilitation of communities, beautify public spaces, and stimulate economic development, although it has historically been classified as vandalism instead of art.
The Visual Artists Rights Act (VARA), enacted in 1990, protects the moral rights of artists and provides a national standard for visual art protection. McQueen expressed concern that the recognized stature test for whether art merits protection under VARA has been too narrowly applied, excluding peculiar or atypical works of art. Even the works of Picasso, the panel noted, were considered experimental in his day.
McQueen proposed a new six-factor balancing test to determine whether visual art, specifically graffiti art, merits protection. These factors include the status of the artist, the time, effort, and creativity that was used, and the property owner’s interest, among others, to ensure fairness and protect beautiful art.
Post date: April 2, 2019
Media contact: Kate Bradshaw
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