News & Analysis as of

Art Visual Artists Rights Act (VARA)

BakerHostetler

Supremes Won’t Review the Morality of Whitewashing Graffiti Art

BakerHostetler on

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

McDermott Will & Emery

Street Art Street Smarts: Second Circuit Applies VARA, Affirms Moral Rights

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed that plaintiffs-appellees’ temporary artwork had achieved appropriate stature to be protected by the rarely invoked Visual Artists Rights Act of 1990 (VARA), and that an...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

Amundsen Davis LLC

A Buyer’s Legal Guide To Public Art

Amundsen Davis LLC on

Public art has become increasingly prevalent at corporate headquarters and commercial properties. Some companies use it to beautify buildings or campuses that they own. Many commercial real estate developers have installed it...more

Sullivan & Worcester

Sullivan & Worcester LLP Assists in Relocation of "Digital DNA" from Palo Alto to Harvard

Sullivan & Worcester on

I am pleased to report on the outcome of a matter we announced in February. After a disagreement with the City of Palo Alto (California) about her sculpture Digital DNA, Sullivan & Worcester LLP client Adriana Varella has...more

Fox Rothschild LLP

Graffiti Artists Request $2.6 Million In Attorneys’ Fees After Last Month’s Victory

Fox Rothschild LLP on

In recent art world news, following last month’s federal district court ruling that a New York City developer violated the Visual Artists Rights Act (“VARA”) when he demolished well known graffiti space, 5Pointz Aerosol Art...more

Dorsey & Whitney LLP

Developer “Tagged” with $6.75 Million Damages Award for Willfully Destroying Graffiti Art of Recognized Stature

Dorsey & Whitney LLP on

We previously posted about an advisory jury verdict rendered in the 5Pointz litigation (Cohen et al v. G&M Realty LP et al.), a case involving the whitewashing of the famous exterior aerosol (or “graffiti”) art in the space...more

Sullivan & Worcester

Artist Adriana Varella Demands that the City of Palo Alto Halt its Plans to Remove Her Renowned Work "Digital DNA"

Sullivan & Worcester on

Sullivan & Worcester LLP has taken action on behalf of its client, artist Adriana Varella, to protect her sculpture Digital DNA from removal and destruction by the City of Palo Alto, California. Digital DNA has stood in the...more

Sullivan & Worcester

Making Sense of the Peter Doig Trial and the Authentication Fallout

Sullivan & Worcester on

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more

McDermott Will & Emery

Burning Man Bus Not a Protected Work of Visual Art Under VARA

The US Court of Appeals for the Ninth Circuit affirmed the judgment of a Nevada district court when it determined that the Visual Artists Rights Act (VARA) of the US Copyright Act did not apply to a used school bus that had...more

Sullivan & Worcester

If it Ain’t Broke?…Ninth Circuit Announces Curious Test of “Applied Art” Under VARA

Sullivan & Worcester on

The Ninth Circuit has ruled against two artists in a long-running dispute about a hybrid school bus creation at Burning Man more than ten years ago, a “galleon” named La Contessa. In announcing a test that focuses on whether...more

Sullivan & Worcester

Katherine Craig Files VARA Claim over Illuminated Mural—“Recognized Stature” and Terms of Agreement Will be Critical

Sullivan & Worcester on

Last year we bemoaned a lost opportunity when a preliminary over a mural on the Prado Dam in California was decided under what seemed to us to be a misunderstanding of the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A...more

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