This reading provides an excellent introductory comparison of copyright in the United States versus other countries. It explains how copyright here is based on economic concerns, while copyright in other countries, such as in Europe, have a natural-rights conception, which takes into account moral rights of the author. This essay compares a state statute, the California Art Preservation Act (CAPA) to VARA. It is useful to compare a state law to a federal law, because often times the question of which is right, if they are conflicting, arises. In this case, the federal law can trump the state law if it says so explicitly or by enacting a contradictory piece of legislation. It is important to note the fact that while the artist is living, CAPA is not likely to be applicable because VARA is a federal law and takes precedence, but when the artist dies and is therefore no longer protected by VARA, the artist is protected by CAPA. The issue is brought up that in trial, expert testimony is necessary to determine whether the work of art is of recognizable stature. The issue of mural conservation is raised, because conservation often requires practices that if not done carefully and correctly, can ruin or damage artwork.
This article is an important implication of the extension of VARA to protect specific works under specific circumstances (murals during conservation projects). Garfinkle provides recommendations to mural artists so they can avoid having to worry about their rights under VARA or CAPA. She also provides recommendations to property owners, so they can protect themselves from lawsuits. Because some states provided protection for moral rights before VARA was created, comparing VARA and CAPA is useful because there could have been some parts of VARA that came from state laws. By understanding state laws we can see other ways that moral rights are incorporated into United States law, because copyright law in the US was only concerned with the economic rights of the authors or artists until VARA, so this is a new addition; therefore, background information and relevant laws are useful.