Reforming the Visual Artists Rights Act to Protect #streetart in the Digital Age

Consider the following: Building Owner commissions Artist to paint a mural on the wall of his building. A decade later, Business buys that building from Building Owner and, unaware of details relative to Artist’s wall mural, develops plans to renovate the building for a new use. Upon hearing of Business’s attempt to alter its newly acquired property, Artist seeks an injunction to prevent Business from restoring its building in a way that would change or destroy her mural. Would a court prevent Business from altering its building due to Artist’s moral rights to her work? If the court follows the Second Circuit’s decision in Castillo v. G & M Realty L.P., the answer might be yes. The law of property, unlike that of contracts, provides individuals with a fixed and narrow range of rights. In the civil law system, the limitation on individuals’ property rights is known as numerus clausus. Thomas Merrill and Henry Smith assert that property owners’ right to exclude others from their property “must be regarded as a moral right.” Further, although the principle of numerus clausus is not explicitly recognized in the American common law system, common law courts “treat previously-recognized forms of property as a closed list that can be modified only by the legislature.” By enacting the Visual Artists Rights Act (VARA) in 1990, Congress expanded artists’ bundle of rights and guaranteed certain protections, including the right “to prevent any destruction of a work of recognized stature,” although the statute does not further define “recognized stature.” In doing so, Congress perhaps unintentionally created an opportunity for street artists to promote their rights over and against those of real property owners. This moral right opportunity made headlines in February of 2020 when the Second Circuit affirmed a $6.75 million judgment against a property owner, Gerald Wolkoff, after the trial court found he violated VARA by destroying artwork displayed on his property in retaliation against twenty-one plaintiff-artists seeking to preserve their works. Did Congress predict that a city’s murals would draw tourists to that location, or that street art shared through social media would launch artists’ careers when it failed to elaborate on what constitutes a work of recognized stature? Certainly not. Although street art has existed throughout history, the widespread use of social media in the twenty-first century has created a platform from which visual artists can garner public attention and acclaim. In enacting VARA, Congress created problems for both visual artists and real property owners. Over the past three decades, artists have rarely brought VARA actions against real property owners due, in part, to the statute’s limited scope. Of the suits that are brought, artists seldom win. It is unclear whether artists who complete commissioned murals do so on a made-for-hire basis. Therefore, street artists who create art for property owners may find no protection under VARA due to the statute’s limitations and exceptions. Further, the ambiguous language in VARA, namely the recognized stature provision, potentially impairs the common law rights of property owners whose buildings display artists’ graffiti art or murals without putting those individuals or groups on notice. Artists and moral rights advocates celebrate the Castillo decision for its promotion of visual artists’ moral rights over their works. However, some property owners argue that the recognized stature provision of VARA “egregiously runs afoul of the Fifth Amendment’s due process requirements because Congress neglected to define this novel phrase” and that it “clearly impairs the traditional rights of property owners, which include the right to dispose or destroy one’s property.” Ultimately, the statute’s ambiguous language presents problems for both the artists it seeks to protect and the real property owners it apparently threatens. Without revision, VARA and recent court decisions surrounding the statute could lead business owners to disallow artists to create works of visual art on their property. Such a refusal would stand in direct contrast to the original purpose of VARA: the acknowledgement of artists’ moral rights in order to produce “a climate of artistic worth and honor that encourages the author in the arduous act of creation.” When Congress drafted and enacted VARA, neither large-scale mural projects nor social media were prevalent in the United States. This Note addresses the present-day ramifications of VARA’s ambiguity by examining the conflicting rights of visual artists who create street art and those of real property owners. This Note ultimately argues that Congress should amend VARA in order to balance the rights of visual artists and real property owners and notify property owners of VARA’s protections. Congress should omit ambiguous and unnecessary language from VARA—namely the recognized stature requirement and the workmade- for-hire exception. Omitting this language would elucidate visual artists’ rights under VARA, as artists and property owners will not have to guess whether a work of visual art has achieved recognized stature status or whether an artist completed a work of commissioned art on a for-hire basis. In addition, Congress should implement a formal recording system for street art that artists or their communities wish to protect. This innovation would alleviate risks that many property owners who maintain buildings that display street art unknowingly face. Without proper notice of artists’ possible VARA claims, property owners who renovate their buildings could face severe consequences after they alter or destroy an artist’s work. Ultimately, a recording system of street art would promote artists’ moral rights to the general public while placing property owners on notice of those rights. Part I of this Note provides background on the development of visual artists’ moral rights in the United States. Part II discusses the ways in which courts have addressed visual artists’ moral rights and introduces the problems that arise from the Second Circuit’s interpretations of the Copyright Act and VARA. Part III proposes a solution to clarify VARA’s language in order to better promote the moral rights of visual artists who produce street art in the twenty-first century. In addition, Part III posits that a proper recording system of VARA-protected street art would increase public knowledge of artists’ moral rights in the United States and prevent property owners from mistakenly altering or destroying art, thereby subjecting themselves to suit. Part IV concludes by addressing polar counterarguments that assert, on the one hand, that VARA does not protect artists enough, and on the other hand, that VARA provides unnecessarily broad protections to artists

Do perceptions of the neighbourhood food environment predict fruit and vegetable intake in low-income neighbourhoods?

The aim of this study is to investigate the extent to which perceptions of the quality, variety and affordability of local food retail provision predict fruit and vegetable intake. Secondary analysis of baseline data from the Philadelphia Neighbourhood Food Environment Study was undertaken. This study investigating the role of the neighbourhood food environment on diet and obesity comprised a random sample of households from two low-income Philadelphia neighbourhoods, matched on socio-demographic characteristics and food environment. The analytic sample comprised adult men and women aged 18-92 (n=1263). Perception of the food environment was measured using five related dimensions pertaining to quality, choice and expense of local food outlets and locally available fruits and vegetables. The outcome, portions of fruits and vegetables consumed per day, was measured using the Block Food Frequency Questionnaire. Results from multivariate regression analyses suggest that measured dimensions of perceived neighbourhood food environment did not predict fruit and vegetable consumption. Further investigation of what constitutes an individual's 'true' food retail environment is required

Ethnic Racial Socialization Among Inracial International Adoptive Placements

Parents of international adoptees are encouraged to provide ethnic socialization for their children. Retrospective evidence from adult adoptees suggests this is important for identity development, particularly among transracially adopted persons. However little is known about ethnic identity development among children placed internationally in in-racial placements. It is unknown whether a focus on ethnic socialization by the adoptive family might further distinguish an adopted child as different, or relate to an adoptee’s increased perception of adoption visibility. The current study examined the ethnic identity development of 31 adoptees ages 11-18 in in-racial international adoptive placements. Adoption visibility, perceived self-competence, and affiliation with the adoptee’s country-of-origin ethnic group and the adoptive family’s ethnic group were assessed using an online questionnaire. The survey was completed by both the adoptee and the adoptive parent. Analyses of responses indicates that the majority of adoptees do not feel highly visible with respect to physical dissimilarity and have positive feelings about adoption and their birth countries. The vast majority of parents indicate that they have provided the right amount of exposure to the adoptee’s culture of origin. However, adoptees who affiliate more strongly with the ethnicity and culture of their birth countries have higher perceived self-competence than those who affiliate more strongly with the culture of their adoptive families. This suggests that ethnic socialization is important for all adoptive families regardless of racial identification. Further analysis will explore parental exposure to birth country culture as related to geographic area, as well as other relational factors like parent-child relationship closeness. Implications for policy and practice for families with in-racial placements will be discussed

New neighborhood grocery store increased awareness of food access but did not alter dietary habits or obesity.

National and local policies to improve diet in low-income US populations include increasing physical access to grocery stores and supermarkets in underserved neighborhoods. In a pilot study that evaluated the impacts of opening a new supermarket in a Philadelphia community considered a "food desert"-part of the Pennsylvania Fresh Food Financing Initiative-we found that the intervention moderately improved residents' perceptions of food accessibility. However, it did not lead to changes in reported fruit and vegetable intake or body mass index. The effectiveness of interventions to improve physical access to food and reduce obesity by encouraging supermarkets to locate in underserved areas therefore remains unclear. Nevertheless, the present findings suggest that simply improving a community's retail food infrastructure may not produce desired changes in food purchasing and consumption patterns. Complementary policy changes and interventions may be needed to help consumers bridge the gap between perception and action. The replication of our findings in other settings and research into the factors that influence community residents' receptivity to improved food access are urgently required

Self-monitoring Practices, Attitudes, and Needs of Individuals with Bipolar Disorder: Implications for the Design of Technologies to Manage Mental Health

Objective To understand self-monitoring strategies used independently of clinical treatment by individuals with bipolar disorder (BD), in order to recommend technology design principles to support mental health management. Materials and Methods Participants with BD (N = 552) were recruited through the Depression and Bipolar Support Alliance, the International Bipolar Foundation, and WeSearchTogether.org to complete a survey of closed- and open-ended questions. In this study, we focus on descriptive results and qualitative analyses. Results Individuals reported primarily self-monitoring items related to their bipolar disorder (mood, sleep, finances, exercise, and social interactions), with an increasing trend towards the use of digital tracking methods observed. Most participants reported having positive experiences with technology-based tracking because it enables self-reflection and agency regarding health management and also enhances lines of communication with treatment teams. Reported challenges stem from poor usability or difficulty interpreting self-tracked data. Discussion Two major implications for technology-based self-monitoring emerged from our results. First, technologies can be designed to be more condition-oriented, intuitive, and proactive. Second, more automated forms of digital symptom tracking and intervention are desired, and our results suggest the feasibility of detecting and predicting emotional states from patterns of technology usage. However, we also uncovered tension points, namely that technology designed to support mental health can also be a disruptor. Conclusion This study provides increased understanding of self-monitoring practices, attitudes, and needs of individuals with bipolar disorder. This knowledge bears implications for clinical researchers and practitioners seeking insight into how individuals independently self-manage their condition as well as for researchers designing monitoring technologies to support mental health management

Metro Environmental: The impact of training HVAC technicians using the SightPros-VirTechs system for remote, wireless, Internet video assistance.

This qualitative study explored the overall impact of training HVAC technicians using the SightPros-VirTechs system for remote, wireless, internet video assistance at a small HVAC company, Metro Environmental. John Thomason, the president/co-owner developed a website and a new SightPros communication tool that allows wireless, one-on-one, just-in-time, high-quality, video-monitored instructions between an expert at one site and a technician at another site. Metro Environmental successfully used the SightPros-VirTechs system to train a new apprentice remotely. The apprentice and expert changed their normal and routine physical activities because the expert worked remotely and the apprentice worked on-site. Within just a few months, the apprentice proved competent enough to go to customer accounts without more experienced technicians nearby. The technicians express excitement about the SightPros communication tool as a way to contact remote experts whenever needed. The customer and business contacts also give good reviews and suggest other benefits. The expert permanently captures the communications so the company can use the saved video for many applications, especially training. The dissertation provides a list of recommendations to trainers/educators for similar applications

Splenopancreatic ductal adenocarcinoma with multiorgan metastasis in a northern water snake (Nerodia sipedon)

A 16-yr-old northern water snake (Nerodia sipedon) presented with a large, firm midcoelomic swelling. A complete blood count, survey radiographs, coelomic ultrasound, and fine needle aspirate of the mass were performed. Survey radiographs revealed a soft tissue opacity mass. Ultrasonographic examination confirmed the presence of the mass but could not aid in its visceral localization. After 2 weeks, the snake presented again because of continued anorexia and poor quality of life. Euthanasia was performed. Gross necropsy revealed a multilobulated mass attached to and effacing the splenopancreas. Histologically, the mass was composed of cuboidal to columnar neoplastic epithelial cells forming tubules surrounded by variable amounts of fibrovascular stroma. Histological examination and immunohistochemical staining of other tissues revealed local invasion in the subserosa and tunica muscularis of the stomach, metastasis within the liver, in the mesovarium, and an intravascular metastasis within the ventricle of the heart surrounded by a thrombus

What are the mechanisms and contexts by which care groups achieve social and behavioural change in low- and middle-income countries? Group motivation findings from a realist synthesis

Infant and under-five mortality rates in low- and middle-income countries (LMIC) can be reduced by encouraging behaviours such as sleeping under insecticide-treated bed nets, exclusive breast-feeding for the first 6 months, regular handwashing, etc. Community-based volunteer or peer-to-peer mechanisms are cost-effective ways of promoting these lifesaving practices. However, the sustainability and reach of community-based behaviour change promotion remains a challenge. Our inquiry focuses on the utilisation, by non-governmental organisations (NGO), of Care Groups, a peer-to-peer behaviour change intervention. We asked: What are the mechanisms and contexts by which Care Groups achieve social and behavioural change in nutrition, health and other sectors? Design: Realist synthesis reviewing forty-two texts that contained empirical evidence about Care Group interventions. Setting: LMIC. Participants: We held consultations with a research reference group, which included Care Group and nutrition experts, and Care Group – implementing NGO staff in Malawi. Results: Different types of motivation drive the establishment and the sustainability of peer group interventions. A certain amount of motivation was derived from the resources provided by the NGO establishing the Care Groups. Subsequently, both volunteers and neighbourhood group members were motivated by the group dynamics and mutual support, as well as support from the wider community. Finally, volunteers and group members alike became self-motivated by their experience of being involved in group activities. Conclusions: When designing and implementing community-based behaviour change interventions, awareness of the multi-directional nature of the motivating drivers that are experienced by peer- or community group members is important, to optimise these groups’ reach and sustainability