103 Iowa L. Rev. 1329 (2018)

Download PDF

Abstract

The Visual Artists Rights Act of 1990 (“VARA”) grants certain moral rights to creators of statutorily enumerated “visual art.” Excluded from the definition of visual art, however, is the undefined category of “applied art.” Courts grappling with how to interpret “applied art” have decided on a test that focuses solely on a work of art’s functional or utilitarian characteristics. This Note argues that such an emphasis defeats the goals and purposes underlying VARA, excludes legitimate visual arts from qualification, and contradicts both legislative intent and statutory construction. This Note further argues that a multi-factor test incorporating aspects of subsidiary copyright law more effectively implements the purposes and aims of VARA while remaining true to the narrow focus of the statute.