Advocacy
From its inception, VLA has played an important role as an advocate on behalf of the arts community in different ways, ranging from participation in litigation, making public statements about matters of interest to the arts community, and making recommendations about pending legislation. These are some of the areas that VLA believes are of paramount importance to artists.
Visual Artist's Rights Act
Massachusetts Museum of Contemporary Art Foundation, Inc. v. Büchel, 565 F. Supp. 245, 259, 260 (D. Mass.2008) - On May 21, 2007, the Massachusetts Museum of Contemporary Art (“Mass MoCA”) brought a lawsuit against Swiss artist Christoph Büchel seeking a court order authorizing Mass MoCA to exhibit Mr. Büchel’s unfinished installation without Mr. Büchel’s consent. On September 21, 2007, Judge Michael M. Ponsor, of the Federal District Court for Massachusetts, issued his ruling from the bench allowing Mass MoCA to continue to exhibit Mr. Büchel’s unfinished installation without his consent. Judge Ponsor’s ruling further noted that there would be no distortion to Mr. Büchel’s work or any damage to his reputation so long as Mass MoCA indicated that the unfinished work was not a product of Mr. Büchel. Mass MoCA subsequently announced that it had decided not to further exhibit Mr. Büchel’s unfinished installation.
Volunteer Lawyers for the Arts (“VLA”) decided to represent Mr. Büchel on this matter, as we strongly believe that the district court’s decision was incorrect, and additionally, that the decision would have negative consequences for other visual artists. VLA sought additional pro bono counsel for Mr. Büchel, and obtained the New York law firm of Wachtell, Rosen, Lipton & Katz as well as the Boston law firm of K & L Gates, LLP.
The case is currently under appeal in the United States Court of Appeals for the First Circuit. Oral arguments were heard on June 2, 2009. A decision from the First Circuit is expected in the fall of 2009.
Free Speech and the First Amendment
Zieper v. Metzinger - VLA filed a brief in support of preventing government officials from chilling artists’ protected speech.
Brooklyn Institute of Arts and Sciences v. The City of New York and Rudolph W. Guiliani - VLA filed a brief in support of the Brooklyn Museum’s free speech rights.
Artist Taxation Issues
VLA supports federal legislation creating an Artists Fair Market Value Tax Deduction.
Protecting the Integrity of Artists' Works
Phillips v. Pembroke - VLA files brief in support of protecting the integrity of public works of art.
Other Legislative Issues
VLA opposes the current New York Publication Requirement for newly formed limited liability companies (LLCs).
VLA opposes H.R. 683, the Trademark Dilution Revision Act