Be sure the art you hang up doesn't hang you up

A case of Visual Artists Rights Act (VARA) infringement is discussed. The goal of VARA is to protect the rights of attribution and integrity of artists. A December 1995 decision by the US Court of Appeals for the Second Circuit, Carter vs Helmsley Spear Inc., 71 F.3d 77, highlights the danger that may arise to an unsuspecting building owner as a result of VARA. The case demonstrates that an owner should monitor its own acts, those of all lessees, and, in an acquisition, the prior actions of owners and lessees. If a building owner engages a contractor or artist to undertake any work that may be considered a work of visual art of any kind, the owner should have the contractor or artist waive their VARA rights in writing.