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Visual Artists Rights Act (VARA) Artists

ArentFox Schiff

Painting Over Controversy: Navigating VARA and Controversial Canvases

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A recent Second Circuit case has brought the debate surrounding contentious art and intellectual property rights to the forefront. The US Court of Appeals for the Second Circuit ruled that Vermont Law School's decision to...more

Gray Reed

Painting over Property Rights: The Effect of the Visual Artists Rights Act on Real-Estate Development

Gray Reed on

The Lillian Corporation purchases a vacant and dilapidated office building with plans to demolish it and build luxury condos. Only one thing stands in the way: a mural on the side of the building painted years earlier by a...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

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

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

Dickinson Wright

Black Lives Matter Murals: Intellectual Property vs. Real Property Rights

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In response to the death of George Floyd and a public outcry for social justice reform, on June 5, 2020, a team of eight artists joined a group of community volunteers to create a street mural with letters fifty feet in...more

Fish & Richardson

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

Fish & Richardson on

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

Mintz - Intellectual Property Viewpoints

2nd Circuit Affirms 5Pointz Whitewashing Violated Visual Artists Rights Act

The Second Circuit recently affirmed that a developer’s whitewashing of street art painted at the “5Pointz” warehouse complex in Long Island City was a violation of the Visual Artists Rights Act (“VARA,” codified at 17 U.S.C....more

McDermott Will & Emery

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

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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

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Sullivan & Worcester

Au Revoir, Droit de Suite—9th Circuit Narrows California Resale Royalty Act to a Single Year’s Sales

Sullivan & Worcester on

The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...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

Mintz - Real Estate, Construction &...

5Pointz and the Visual Artists Rights Act of 1990

A recent article I co-authored and published in the New York Law Journal recaps and highlights the key takeaways in the federal district court’s decision in Cohen v. G&M Realty L.P. (E.D.N.Y, Feb. 18, 2018), relating to the...more

Whitman Legal Solutions, LLC

How Artists’ Moral Rights May Affect Your Real Estate

Having been a violinist, one area of law which has always intrigued me is performers’ rights. Known as “moral rights,” performer’s rights, among other things include the right to control how the performer’s rendition of a...more

Fox Rothschild LLP

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

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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

Holland & Knight LLP

Lessons from 5Pointz: Avoiding Potential Tension Between Artists and Property Owners

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• From Miami's Wynwood to San Francisco's Mission District to Chicago's West Loop, graffiti/street art has become a popular way for communities to revitalize neighborhoods and property owners to reap the benefits of the...more

Fox Rothschild LLP

Graffiti Artists Awarded $6.75 Million For Property Owner Painting Over Visual Artwork On Warehouse Buildings

Fox Rothschild LLP on

In recent art world news, last week a federal district court in New York ruled the Visual Artists Rights Act of 1990 (“VARA”), a federal law protecting visual artwork from destruction, covered the graffiti artists’ aerosol...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

Cozen O'Connor

Insuring Fine Art: The Visual Artists Rights Act and Its Bad Faith Implications

Cozen O'Connor on

Insuring fine art can present challenges that are not encountered with other types of property. One of these challenges involves the application of the Visual Artists Rights Act of 1990 (17 U.S.C. §106A) (“VARA”) when artwork...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

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