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?

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 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

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A six-member jury has returned an advisory verdict finding that a property developer violated more than twenty graffiti artists’ “right of integrity” under the Visual Artists Rights Act (“VARA”) when it whitewashed a building bearing nearly fifty of those artists’ works….
Continue Reading Update: Enforcing an Artist’s Rights in Street Art