Professor Sue Liemer shared insights into the Visual Artists Rights Act of 1990 and how an artist's "moral rights" may protect his or her public work from removal or destruction.
The director of Elon Law’s Legal Method & Communication Program, whose scholarly interests have led to law journal articles and a forthcoming book chapter on the legal rights of artists, spoke with BloombergLaw for a report on the growing number of artists using the court system to seek protection of their public work or compensation after its destruction.
Professor Sue Liemer was quoted in which explains how a recent decision by the U.S. Court of Appeals for the Second Circuit has provided a roadmap for artists whose “moral rights” are violated when developers remove longstanding work with “recognized stature.”
鈥淣ow, both artists and their lawyers have guidance on a previously obscure statute and a template to follow for potential success,鈥 Liemer told journalist Blake Brittain. Liemer also noted how laws differ between nations on what is meant by “moral rights.”
鈥淎rtist moral rights definitely align with social justice goals,鈥 Liemer said. 鈥淒epending on the specific wording of a country鈥檚 legislation, moral rights can protect artists鈥 creative processes and decisions, protect the society鈥檚 interest in the creative work, and preserve the cultural patrimony.鈥
Liemer joined the Elon Law faculty in 2017 after directing the Lawyering Skills Program at Southern Illinois University School of Law. She served from 1998-2000 as president of the and served a four-year term on the Board of Directors of the .
She also created and co-edited the Legal Writing Professors鈥 Blog, which has twice been listed in the ABA Journal鈥檚 top law blogs.