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EXHIBIT 1 <br /> 10. The artist has submitted a written request for removal, and the City has <br /> determined that the request is reasonable and consistent with applicable <br /> agreements and laws. <br /> 11. The artwork has reached the end of its anticipated lifespan as defined in the <br /> original commission, contract, or conservation plan. <br /> 12. The artwork is determined to be inauthentic or in violation of copyright, <br /> intellectual property, or other applicable laws. <br /> 13. The artwork or the artist's character has been the subject of documented, <br /> sustained, and significant community concern, and following formal <br /> review, the City determines that the artwork or artist's character no longer <br /> reflects the values or interests of the community it serves. <br /> If a public artwork is considered for removal, there will be a 30-day public comment <br /> period,with a public notice communicated through the City website, on-site signage, <br /> and community outreach. <br /> 4.0 Rights and Responsibilities <br /> 4.1 Possible Rights and Protections under Federal and State laws (VARA and CAPA) <br /> Public art may be protected under federal and/or state law, specifically the Visual Artists <br /> Rights Act of 1990 (VARA) and the California Art Preservation Act of 1979 (CAPA). <br /> These laws discuss certain moral rights, including the rights of integrity and attribution. <br /> The City is committed to complying with all laws, including VARA and CAPA, if <br /> applicable to a piece of public art. <br /> 4.2 VARA and CAPA Protections <br /> VARA can be found at 17 U.S.C. §101, et seq., and CAPA can be found at California Civil <br /> Code §987. An artist should review their rights under both VARA and CAPA and seek any <br /> legal guidance they deem necessary. <br /> This section applies to all works of fine art and public art in the City's collection or under <br /> its jurisdiction that may be protected under these statutes. <br /> 1. Protection from Alteration or Destruction <br /> The City shall not intentionally distort,mutilate, deface,alter, or destroy a protected <br /> work of art in a manner that would prejudice the artist's honor or reputation, except <br /> as permitted by law. The City shall not intentionally destroy a work of recognized <br /> stature without complying with all applicable statutory requirements. <br /> 12 <br />