Visual fine art is the one type of material in the United States that receives certain "moral rights" protection beyond what is accorded to most types of work. The Visual Artists Rights Act of 1990 gives the creator of visual fine art the rights of attribution and integrity.[1] Under the Act, works of visual art include a single copy of a painting, drawing, print, photograph, or sculptural work, or if they are produced in multiple copies, to a limited edition of fewer than 200 numbered copies.[2] They do not include posters, maps, charts, technical drawings, motion pictures or other audiovisual works, electronic publications, or advertisements. And they do not include works made for hire.[3]
Generally, the Visual Artists Rights Act gives an author of a work of visual art the right (1) to claim authorship of the work; (2) to prevent the use of his or her name as the author of a work he or she did not create; (3) to prevent the use of an author's name on a work that was distorted, mutilated, or otherwise modified if those changes prejudiced the author's honor or reputation; (4) to prevent the intentional distortion, mutilation, or other modification of the work that prejudices the author's honor or reputation; and (5) to prevent the destruction of certain works.[4] The artist's rights are subject to certain exemptions.[5]
Although an artist's attribution and integrity rights may not appear to impact many libraries significantly, there is a bottom line: Whenever you "use" someone else's work—even if that use is permitted under fair use or another provision of the Copyright Act—you should credit the authors. If you modify the original work, you should provide credit, and also note the changes that were made from the original work. Not only is this smart legally, but it complies with scholarly and journalistic norms.
