The Battle Between Protecting Fine Art And Commercial Art

Exam #: 27676 There has been constant debate revolving around the distinction between a painting, and a mural. In this case, a mural is a painting or other work of art executed directly on a wall. (Merriam-Webster Dictionary). In Pollara v. Seymour, the banner displayed inside the empire state plaza, was classified as an advertisement and promotional work, rather than a â€Å"work of art.† However, why did congress exclude certain works of art from being protected? The battle between protecting fine art and commercial art has been an issue. The governing rule of society place a higher standard on fine art, than art made for advertising or promotional purposes. As a society we grant specific â€Å"works of visual art† protections based upon the fact†¦show more content†¦In this case, a mural is any piece of artwork painted or applied directly on a wall, ceiling or other large permanent surface. A distinguishing characteristic of mural painting is that the architectural elemen ts of the given space are harmoniously incorporated into the picture. (Merriam-Webster Dictionary). Here, copyright law and state laws were the only legal protection that many artists’ relied upon. The shift from moderate state laws to the federal policies of â€Å"VARA† created a tremendous impact on artists’ protection. The Visual Artists’ Rights Act expanded the protection of the artists’ work, but also recognized the artists’ work as property. Property ownership is tremendously important because it gives the artists’ the power to have full control over the â€Å"work of art† they created. Congress passed the Visual Artists’ Rights Act of 1990 to protect the property or â€Å"work† of the artists’. The general rule governing our society is that the producer has dominion over property they originally created. According to the facts, Diego’s mural is clearly an original â€Å"work† he painted that incorporates outside elements. However, do these outside elements play a substantial factor in determining whether Diego’s mural is considered â€Å"a work of visual art,† and should be protected under VARA? To make this determination, a more in depth analysis of legal precedent, and the rule of law under VARA must be taken in to consideration. The singleness of the work,