ART CONSERVATION AND THE LEGAL OBLIGATION TO PRESERVE ARTISTIC INTENT
ANN M. GARFINKLE, JANET FRIES, DANIEL LOPEZ, & LAURA POSSESSKY
1.. For example, the requirement that harm to the honor or reputation of the artist must occur for an artist to claim right of integrity is a narrower interpretation from the French law (Françon 1992). The fact that there are fewer recognized rights under Berne than under the French law is due to a compromise between countries with differing levels of moral rights protection.
2.. The states that have adopted moral rights legislation are California, Connecticut, Georgia, Louisiana, Maine, Massachusetts, Montana, Nevada, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, South Dakota, and Utah. Puerto Rico also has moral rights legislation.
AIC. 1994. Code of ethics and guidelines for practice. Washington, D.C.: American Institute for Conservation.
Berne Convention for the Protection of Literary and Artistic Works, art. 6bis, para. 1, at 41, opened for signature September 9, 1886 (last revised July 24, 1971), reprinted in World Intellectual Property Organization. 1978. Guide to the Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971).
Black's law dictionary. 1990. 6th ed.St.Paul, Minn.: West Publishing Co. 1032.
Copyright Act. 1976. U.S. code. Title 17, sec. 101.
France, Law of March 11, 1957, art. 1 (Unesco Translation), cited in Ginsburg, J. C. 1989. French copyright law: A comparative overview. Copyright Society of the U.S.A. Journal36: 269.
Françon, A.1992. Le droit d'auteur: Aspects internationaux et comparatifs. Cowensville, Quebec: Editions y Blais.
General Agreement on Tariffs and Trade. 1994. Trade-Related Aspects of Intellectual Property Rights, Uruguay Round, pt. II, art. 9.
Lanham Act. 1946. U.S. code. Title 15, sec. 1125(a); sec. 43(a) in original text.
Nimmer, M., and D.Nimmer. 1994. Nimmer on copyright. New York: Matthew Bender.
Recht, P.1969. Le droit d'auteur, une nouvelle forme de proprieté. Discussed in J. C. Ginsburg. A tale of two copyrights: Literary property in revolutionary France and America, Tulane Law Review64: 991.
U.S. House. 1989. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice. Visual Artists Rights Act of 1989: Hearing on H.R. 2690. 101st Cong., 1st sess.
U.S. House. 1986. Committee on the Judiciary. Subcommittee on Patents, Copyrights and Trademarks on the Judiciary. Final report, ad hoc working group on U.S. adherence to the Berne Convention. In Hearing on U.S. Adherence to the Berne Convention. 99th Cong., 1st and 2d sess. U.S. Senate. 1988. Report No. 352, 100th Cong., 2d sess. Reprinted in United States Code Congressional and Administrative News. 1988.
Visual Artists Rights Act. 1990. U.S. Code. Title 17, sec. 106A et seq.
ANN M. GARFINKLE is an attorney admitted to practice in New York (1968) and the District of Columbia (1973). She is the principal of Garfinkle and Associates, a Washington, D.C., general practice law firm with a specialty in art law. She is cochair of the Steering Committee of the Arts, Entertainment, and Sports Law Section of the D.C. Bar and a member of the board of trustees of Maryland Institute, College of Art. She is a frequent lecturer for Washington Area Lawyers for the Arts and has lectured at two AIC annual meetings on the laws affecting conservation. Garfinkle has negotiated numerous large-scale commission contracts for both two-and three-dimensional art, including the Korean War Memorial in Washington, D.C. Address: Garfinkle and Associates, 1150 Connecticut Ave., N.W., Ste. 505, Washington, D.C. 20036.
JANET FRIES is an attorney admitted to practice in the District of Columbia and New York and is an associate with Garfinkle and Associates. Fries has been a professional editorial and fine art photographer for 20 years and has taught photography. Her work has been acquired by the permanent collections of major museums. Fries is the chair of the Visual Arts Committee of the Arts, Entertainment, and Sports Law Section of the D.C. Bar and serves on the Mediation Steering Committee of Washington Area Lawyers for the Arts. Address: As for Garfinkle.
DANIEL LOPEZ is a former summer associate of Garfinkle and Associates. He is a 1996 graduate of the George Washington University National Law Center who is admitted to practice in Virginia. Lopez is presently employed as a judicial law clerk for the State of Connecticut Superior Court.
LAURA POSSESSKY is a former summer associate of Garfinkle and Associates. She is a 1995 graduate of Georgetown University Law Center with a B.A. from the University of Pennsylvania and is admitted to practice in the District of Columbia and Maryland. Possessky currently works for the Smithsonian Institution in the Office of Contracting and is a member of the Young Lawyers' Community Outreach Committee of Washington Area Lawyers for the Arts.