Re: Re: Contrary to Morality - What is that?

That answer is a bit misleading. Since enactment of VARA in 1990 (codified as section 106A and parts of 113 and other sections of the Copyright Act), these state statutes have been relegated to the periphery of the law. They are pre-empted now by the Copyright Act except to the extent they protect things that are qualitatively different from what VARA protects, or to the extent they offer protection longer than what VARA does. The New York statute protects artists' reputations against defacement even of copies of artworks, unlike VARA, so that part probably survives. See Wojnarowicz v. American Family Assn., 745 F. Supp 130 (SDNY 1990). Massachusetts protects motion pictures, which VARA doesn't, and offers protection for life-plus-fifty, rather than only life as in VARA, so the "extra" years' coverage is not pre-empted.

Shameless plug dept.: I have written several articles on this subject, most of which alas are not readily accessible through on-line services. I've got plenty of reprints, though, if someone wanted to take them off my hands. :-)

Vance

On 10/11/05, John Levine <johnl[_at_]iecc.com> wrote:
>
> >It would be most helpful if Mr. SkinnerLopata would direct me to the NY
> >State statutes regarding moral rights.
>
> NY Arts and Cultural Affairs Law, Article 14, section 14.03.
>
> Incidentally, the NY state legislature has a nice web site with all
> the state laws where I found them in about two minutes.
>
> http://public.leginfo.state.ny.us/
>
> > And I'd also like to know how those state statutes relate to federal
> > copyright law.
>
> These statutes are about defacing artworks and don't say anything at
> all about making copies.
>
> Regards,
> John Levine, johnl[_at_]iecc.com, Primary Perpetrator of "The Internet for
> Dummies",
> Information Superhighwayman wanna-be, http://www.johnlevine.com, Mayor
> "I shook hands with Senators Dole and Inouye," said Tom, disarmingly.
>
>
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--
Vance R. Koven
Boston, MA USA
vrkoven[_at_]world.std.com