Visual Artists’ Rights

Owen, Wickersham & Erickson represents visual artists, as well as purchasers and owners of works of fine arts, with respect to artists’ moral rights under the U.S. Visual Artists Rights Act (VARA) and state law. These rights include attribution – artists’ rights to be identified as the creator of their works, and integrity – rights against the destruction or mutilation of artworks. We also advise artists on business issues such as gallery and artists’ agency relationships.

Areas of focus:

  • Agreements for commissioned works of public art
  • Rights of attribution and integrity analysis, protection and defense
  • Negotiation and litigation when artwork has been destroyed or owners need to move artwork
  • Artist representation agreements
  • Artist – gallery agreements
  • Fine arts prints – compliance with state law requirements for certificates of authenticity
  • Model releases
  • Purchase and acquisition agreements
  • Corporate art rentals

Some of our visual artists clients include:

  • San Francisco Bay Area Rapid Transit District (commissioned, acquired and licensed artwork and software)
  • ALMERIANE (visual artist, Spain)
  • Anna Rockwell (fine artist, San Francisco)
  • Stanley Grosse (fine artist, Hawaii)