California Art Preservation Act
Encyclopedia
The California Art Preservation Act is a 1979 California law
that provides legal protection for artists' moral rights. The law is currently codified at California Civil Code
§987. The law has since been amended in part. The California Art Preservation Act was the first major law to specifically address artists' rights in the United States.
Portions of the law may overlap with the provisions of the Visual Artists Rights Act
, in which case the California law is preempted.
and injunctive relief for the intentional or grossly negligent
destruction or mutilation of a work of fine art
, defined in the statute
as any original painting, sculpture, or drawing that is of "of recognized quality." Fine art, as used in the law, does not include works prepared for commercial use by the purchaser.
The Act also provides artists the right to claim authorship and disavow modifications to works of fine art.
The rights
granted under the act subsist for the life of the author plus 50 years.
California law
California law consists of several levels, including constitutional, statutory, and regulatory law, as well as case law.-Constitutional law:...
that provides legal protection for artists' moral rights. The law is currently codified at California Civil Code
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California...
§987. The law has since been amended in part. The California Art Preservation Act was the first major law to specifically address artists' rights in the United States.
Portions of the law may overlap with the provisions of the Visual Artists Rights Act
Visual Artists Rights Act
The Visual Artists Rights Act of 1990 , , is a United States law protecting artist rights.VARA was the first federal copyright legislation to grant protection to moral rights...
, in which case the California law is preempted.
Content
The Art Preservation Act provides for civil penaltiesCivil penalty
A civil penalty or civil fine is a term used to describe when a state entity, government agency, or private party seeks monetary relief against an individual as restitution for wrongdoing by the individual. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees...
and injunctive relief for the intentional or grossly negligent
Gross negligence
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person"...
destruction or mutilation of a work of fine art
Fine art
Fine art or the fine arts encompass art forms developed primarily for aesthetics and/or concept rather than practical application. Art is often a synonym for fine art, as employed in the term "art gallery"....
, defined in the statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
as any original painting, sculpture, or drawing that is of "of recognized quality." Fine art, as used in the law, does not include works prepared for commercial use by the purchaser.
The Act also provides artists the right to claim authorship and disavow modifications to works of fine art.
The rights
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
granted under the act subsist for the life of the author plus 50 years.
See also
- Kent TwitchellKent TwitchellKent Twitchell is an American muralist who is most active in Los Angeles. He is most famous for his larger-than-life mural portraits, often of celebrities and artists. His murals are realism not photorealism according to Twitchell.-Biography:Twitchell's father was Robert Twitchell who was a farmer...
won the largest settlement ever under Visual Artists Rights Act (VARA)Visual Artists Rights ActThe Visual Artists Rights Act of 1990 , , is a United States law protecting artist rights.VARA was the first federal copyright legislation to grant protection to moral rights...
and CAPA for $1.1 million dollars against the US Government and 12 other defendants. His muralMuralA mural is any piece of artwork painted or applied directly on a wall, ceiling or other large permanent surface. A particularly distinguishing characteristic of mural painting is that the architectural elements of the given space are harmoniously incorporated into the picture.-History:Murals of...
of Ed Ruscha was painted over without his knowledge or consent.
External links
- Text of the act from the San Francisco Arts CommissionSan Francisco Arts CommissionThe San Francisco Arts Commission is the official San Francisco County, USA arts council.The San Francisco Arts Commission It was established in 1932 and runs under the California state arts council, the California Arts Council . The commission is appointed by the major...