Art conservation and the legal protection of artists' rights intersect in complex ways, especially with the enactment of the Visual Artists Rights Act (VARA) in the United States. VARA grants certain rights to artists, including the right to claim authorship of their work and the right to prevent its destruction or alteration under specific circumstances. As art conservation practices evolve, navigating the delicate balance between preserving artistic integrity and ensuring the longevity of artworks becomes increasingly crucial.
Read about the treatment of Mexican artist Pedro Friedeberg’s sculptures here: Contemporary Conservation and Surreal Artwork: The treatment of two Pedro Friedeberg Sculptures
Enacted in 1990, VARA is a federal law in the United States that grants certain moral rights to visual artists. Those rights include:
Claiming Authorship: The creator has the right to claim they are the author of their work and can stop others from falsely attributing their name to any visual art they did not create.
Protection from Modification: The creator also has the right to prevent any modifications to their work that could damage their reputation or honor. Modifications can include distortions, mutilations, or other changes that could harm how their work is perceived.
Preventing Harmful Changes: Additionally, the creator has the right to stop intentional changes to their work that could harm their reputation or honor. They can also prevent the destruction of any work widely recognized for its importance or quality. Any deliberate or careless destruction of such work is considered a violation of these rights.
Unlike copyright law, which primarily focuses on economic rights, VARA aims to protect artists' non-economic interests in their creations.
Read about the treatment of a work by Jamaican-born visual artist Ebony G. Patterson: The Colorful World of an Ebony G. Patterson Piece
Our team of conservators recognizes the significance of living artists' rights and strives to uphold them throughout our conservation efforts. Whether it involves cleaning, inpainting, stabilization, or framing, every decision is made with a profound understanding of the legal and ethical implications. Art conservation often involves interventions that may affect the physical integrity of artworks. While there is an expectation in VARA that allows for "modification of a work of visual art which is the result of conservation," this does not provide a conservator free reign. From cleaning to stabilization and framing, conservators make decisions that can impact a piece's original appearance and material composition. While the primary goal is to preserve the artwork for future generations, these interventions may sometimes conflict with artists' moral rights protected by VARA.
More Than a Cardboard Box: Treating and Framing a Free Humanity Work discusses the importance of artist and conservator collaboration when treating a work of art.
One of the central dilemmas in art conservation is determining the extent to which conservators can intervene without compromising the artist's intent or integrity of the work. For example, if a painting has deteriorated over time and requires extensive conservation, how much alteration is permissible under VARA? Conservators must balance the need to stabilize the artwork with respecting the artist's original vision, and this usually evolves in one of three ways:
The conservator consults with the artist or artist's studio, and the artist decides that they will address any damages themselves.
The conservator consults with the artist or artist's studio, and they collaborate on the treatment, discussing treatment options, different techniques and materials, and arriving at a mutually agreeable treatment plan.
The conservator presents the artist or artist's studio with a treatment option they approve, allowing the conservator to proceed with treatment with the artist's blessing.
Untitled, 1988 by Tony Tasset, before treatment
Untitled, 1988 by Tony Tasset, after treatment. Read more about this treatment: Treating a Tony Tasset Sculpture
The Conservation Center's staff has conserved artwork for numerous living artists, such as David Klamen, Kerry James Marshall, Free Humanity, Jeanne Gang, Pedro Friedeberg, Tony Tasset, and Ebony G. Patterson, and it is always enjoyable to collaborate with an artist on the conservation of their works. This list is just a sample, as The Center will not publicly share treatments of living artists' work at the artists' request. In some instances, collaboration with the artists does not lead to treatment. For example, one work examined by The Center had sustained damage that the artist wanted to preserve, as they now considered the damage "part of the piece." There have also been instances where artists do not feel that conservation will sufficiently return their work to its pre-loss condition, and it is the conservator's role to respect the artist's right to decline treatment.
Architectural Drawings by Jeanne Gang features world renowned architect Jeanne Gang’s Northerly Island Drawings developed for the Chicago Park District.
Art conservation professionals must navigate a complex landscape of legal, ethical, and practical considerations when addressing issues related to VARA and artistic integrity. Collaboration between conservators, artists, collectors, and legal experts is essential to ensure that conservation efforts respect the physical and conceptual aspects of artworks.
Kerry James Marshall's "Vogue" Cover features the framing of Kerry James Marshall painting used for the September 2020 Issue of American Vogue Magazine.
The intersection of VARA laws and art conservation presents ongoing challenges and opportunities for preserving artistic integrity in the modern age. By balancing artists' rights with the practical realities of conservation, stakeholders can work together to safeguard cultural heritage for future generations while honoring the creative vision of the living artists.
SOURCES:
https://www.govinfo.gov/content/pkg/USCODE-2011-title17/pdf/USCODE-2011-title17-chap1-sec106A.pdf
https://www.law.cornell.edu/uscode/text/17/106A
https://en.wikipedia.org/wiki/Visual_Artists_Rights_Act
