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
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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
