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Graffiti

Arnall Golden Gregory LLP

The Pitch - May 2022

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

AEON Law

Patent Poetry: Protecting Your IP When You're Anonymous: the Banksy Case

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“Banksy” is the pseudonym for an England-based artist, political activist, and film director whose real name and identity are unconfirmed. He’s known for his artistic provocations, including a painting that started to...more

Katten Muchin Rosenman LLP

Life in The Fast Lane: How Urban Car Ads Depicting 'Street Art' Can Backfire - Kattison Avenue/Katten Kattwalk | Issue 1

Vehicle manufactures and their ad agencies really love to show off their driving machines in action. Television commercials depict sturdy, reliable trucks hauling tons of cargo; four-wheel drive SUVs navigating perilous...more

International Lawyers Network

Banksy’s “Flower Thrower” Trademark: A Critical Appraisal of the Recent Decision of EUIPO Cancellation Division

The Cancellation Division of EUIPO has recently issued a resounding decision declaring the invalidity of the figurative trademark representing the “Flower thrower”, one of the most iconic Banksy’s mural paintings. The...more

Dorsey & Whitney LLP

Supreme Court Cert Denial Closes Book on Storied VARA Dispute

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As you may recall from our prior posts regarding the advisory jury verdict and subsequent district court ruling in the 5Pointz litigation (Cohen et al v. G&M Realty LP et al.), in 2018, Judge Block in the U.S. District Court...more

BakerHostetler

Supremes Won’t Review the Morality of Whitewashing Graffiti Art

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Too bad that on Oct. 5 the Supremes passed on applying a due process determination to define the “recognized stature” of art. The Visual Artists Rights Act of 1990 (“VARA”) gave visual artists limited “moral rights” in their...more

Manatt, Phelps & Phillips, LLP

5Pointz Owner Seeks SCOTUS Review of VARA

G&M Realty (G&M), the owner of the famous New York City graffiti space known as 5Pointz, asked the Supreme Court to strike down as unconstitutional the Visual Artists Rights Act (VARA), a federal copyright law that provides...more

Fox Rothschild LLP

5Pointz Graffiti Art Case Affords SCOTUS The Opportunity To Interpret Rarely Tested Copyright Law

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On Monday, G&M Realty, a real estate development company, asked the U.S. Supreme Court to reverse a $6.75 million damages award that the U.S. District Court for the Eastern District of New York entered in favor of a group of...more

Fish & Richardson

Visual Artists Rights Act Protects Even Transient Art in the Absence of an Explicit Waiver

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The use of copyright to protect street art is on the rise. While street artists should be aware of their rights under copyright law, building owners should also be aware that authorizing street art on their buildings without...more

Tarter Krinsky & Drogin LLP

Graffiti On Buildings: Does It Stay Or Go?

Under what circumstances can a building owner legally remove artwork from a building? In 2018, a group of graffiti artists was awarded $6.75 million dollars for the improper removal of their art. On February 20, 2020, the...more

Robinson+Cole Construction Law Zone

Caution When Approaching Artistry

A $6.75 million judgment was upheld by the United States Court of Appeals, Second Circuit, against a developer that whitewashed 45 spray-painted artworks on its site — several months before the demolition permits were issued....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2020: Cohen v. G&M Realty L.P.: A Judicious Gentrification of Graffiti

Last week, the Second Circuit issued a landmark decision clarifying the types of work protectable under the federal Visual Artists Rights Act (VARA) in Cohen v. G&M Realty L.P. The decision confirms that graffiti art is a...more

Vinson & Elkins LLP

VARA Demolishes Property Owner: Second Circuit Affirms VARA Judgment For Street Artists

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On February 20, 2020, the United States Court of Appeals for the Second Circuit decided Castillo v. G&M Realty L.P., holding that aerosol artwork with a short lifespan may still achieve “recognized stature” under the Visual...more

International Lawyers Network

Still Standing?: The Sometimes Rocky World Of Public Art

To many, the names “Rocky Balboa” and the “Italian Stallion” are as universal and front of mind as the names “Chuck Wepner” and the “Bayonne Bleeder” are regional and tucked into (or have already fallen out of or never made...more

Pullman & Comley, LLC

NEWSLETTER - Fall 2018 Property Tax and Valuation Digest

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U.S. Supreme Court Internet Sales Tax Decision and Property Values - Your editors do not need to belabor the point that brick and mortar retail occupancies, rents and values have been pounded as a result of internet...more

Dorsey & Whitney LLP

UPDATE #2: Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs?

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On September 17, 2018, Judge Steven V. Wilson of the federal court of the Central District of California ruled on General Motors’ motion for summary judgment in Falkner v. GM, a copyright action concerning graffiti artists’...more

Manatt, Phelps & Phillips, LLP

Full Speed Ahead for Graffiti Artist’s Suit Against GM

Graffiti that appeared in a photograph on the General Motors website may be protected, a California federal court judge ruled when declining to dismiss a copyright infringement lawsuit against GM....more

Dorsey & Whitney LLP

UPDATE #1: Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs?

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Last month we blogged about Falkner v. General Motors Co.—a federal court action filed earlier this year that may decide whether graffiti artists can enforce their copyrights in graffiti appearing on publicly-viewable...more

Dorsey & Whitney LLP

Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs?

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Is graffiti protectable under the Copyright Act? In principle, yes because it is a graphic art. But graffiti tends to appear on buildings that are visible from a public place, and photographs of such buildings are exempt from...more

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