News & Analysis as of

Visual Artists Rights Act (VARA) Paintings Sculptures and Engravings

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

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

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

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

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

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

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

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

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

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

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

K&L Gates LLP

The Charging Bull and the Fearless Girl: Moral Rights Protections in Australia and the U.S.

K&L Gates LLP on

The Charging Bull has been an iconic New York City landmark since it was placed outside the New York Stock Exchange in December 1989 in an act of guerrilla art. The bull's sculptor, Artutro Di Modica, left the artwork as a as...more

Fox Rothschild LLP

New York City Church Sued For Relocation Of Sculpture Commemorating 9/11 Loss Of Tree

Fox Rothschild LLP on

In recent art news, Trinity Church in Lower Manhattan is being sued by a sculptor for relocating his bronze sculpture of the stump and root system of a very large sycamore tree entitled “The Trinity Root” that was formally...more

Sullivan & Worcester

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm

Sullivan & Worcester on

After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...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

Sheppard Mullin Richter & Hampton LLP

I Swear It’s Not Mine – Artist Sued for Denying He Created Art Piece

Artist Peter Doig, whose pieces regularly sell for $10 million, is currently entangled in a rare and rather odd lawsuit, which involves a work Doig denies he created. While disputes of the authenticity of pieces of artwork...more

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