The Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A, is a United States law granting certain rights to artists.

VARA was the first federal copyright legislation to grant protection to moral rights. Under VARA, works of art that meet certain requirements afford their authors additional rights in the works, regardless of any subsequent physical ownership of the work itself, or regardless of who holds the copyright to the work. For instance, a painter may insist on proper attribution of his painting, and in some instances may sue the owner of the physical painting for destroying the painting even if the owner of the painting lawfully owned it.

Although federal law had not acknowledged moral rights before this act, some state legislatures and judicial decisions created limited moral-rights protection. The Berne Convention required the protection of these rights by signatory states, and it was in response that the U.S. Congress passed the VARA.


On August 18, 2023, the Second Circuit held that Vermont Law School’s permanent concealment of two controversial murals located at the school did not violate the mural creator’s rights under the Visual Artists Rights Act of 1990 (“VARA”).[1] In a unanimous opinion authored by Circuit Judge Debra Ann Livingston

Continue Reading Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

On June 1, 2021, Michael McLeer, a New York City-based street artist who goes by “Kaves,” filed a putative class action in the Eastern District of New York against the New York City Police Department (“NYPD”) and the City of New York.[1] McLeer alleges that the NYPD’s graffiti cleanup
Continue Reading American Graffiti: Artist Moves to Protect Street Art Across New York City

On November 24, 2020, parties to the 5Pointz litigation filed a Stipulated Settlement Agreement Resolving Plaintiffs’ Motion for Attorneys’ Fees and Costs (the “Agreement”), under which the defendant real estate developers agreed to pay over $2 million in attorneys’ fees and court costs to counsel for the aerosol artists of
Continue Reading Update: Attorneys Representing Artists in 5Pointz Litigation to Receive Over $2 Million in Attorneys’ Fees

This month, in Cohen v. G&M Realty L.P., the U.S. Supreme Court denied certiorari to Jerry Wolkoff’s GM Realty, which had urged the Court to strike down certain “unconstitutionally vague statutory provision[s]” of the Visual Artists Rights Act of 1990 (“VARA”) on the basis that they leave “property owners
Continue Reading Update: Certiorari Denied in 5Pointz Appeal

Last month, in the latest chapter of the ongoing legal saga arising from the whitewashing of “5Pointz,” the former aerosol-art mecca located in Queens, New York, the Second Circuit granted defendants’ motion to stay issuance of its appellate mandate pending defendants’ petition for a writ of certiorari in
Continue Reading 5Pointz Litigation SCOTUS-Bound?

Despite a recent decision in favor of municipal and property-developer defendants, a case pending in the Central District of Illinois serves as yet another warning to property developers to seek VARA waivers from artists up front.

In April 2019, 13 artists (the “Artist-Plaintiffs”) brought VARA claims against two defendants, the
Continue Reading Fighting Back Against the “New Normal” – Artists Assert VARA Rights to Protect Street Art

A case pending in the Western District of Pennsylvania should provide the opportunity for a federal judge to clarify the pleading requirements for the “recognized stature” element of a VARA claim.

In April 2018, street artist Kyle Holbrook and two arts organizations that he founded brought VARA claims against forty-four
Continue Reading Pennsylvania District Court to Rule on Whether Street-Artist VARA Plaintiff Must Plead Facts Supporting “Recognized Stature”of the Work

On June 13, 2018, Judge Frederic Block of the Eastern District of New York issued an impassioned decision upholding the $6.75 million damage award he granted the aerosol artists of 5Pointz in February 2018. The court denied the defendants’ post-trial motion to grant a new trial or vacate the February
Continue Reading Update: “5Pointz” Artists Hold On to Win

On February 12, Judge Frederic Block of the Eastern District of New York awarded $6.75 million in statutory damages to the aerosol artists of “5Pointz,” agreeing with the jury’s advisory finding that property developer Jerry Wolkoff violated those artists’ “right of integrity” under the Visual Artists Rights Act (“VARA”).

As
Continue Reading Update: Enforcing an Artist’s Rights in Street Art

On October 27, 2017, the New York Chapter of the Copyright Society of the USA hosted a panel exploring the history, caselaw and policies underlying the Visual Artists Rights Act (“VARA”).[1]  The panel featured Amy Adler, Emily Kempin Professor of Law at New York University School of Law;
Continue Reading CSUSA Hosts VARA Panel During “5Pointz” Trial