Re: Museum Rights in Works of Art

A recent post noted that a museum could destroy a work under the auspices of the first-sale doctrine. While true under that law alone, other law could make such destruction actionable. For example, under 17 U.S.C. sec. 106A (the U.S. federal "moral rights" law), an artist has the right to prevent the destruction of a work of "recognized stature"; the violation of that right could result in damages. (At the same time, please keep in mind the numerous limitations under this law, including which works of art are protected.) The moral rights laws of various of the U.S. states and in foreign countries likewise may provide further protection.

Michael E. Sobel, Esq.
Graham & James LLP
One Maritime Plaza, Suite 300
San Francisco, CA 94111
415/954-0200 - (fax) 415/391-2493
e-mail: msobel[_at_]gj.com Received on Thu Oct 30 1997 - 17:17:24 GMT