Graffiti Artists Awarded $6.7 Million for Destruction of Building Murals

By John J. O’Malley and Max S. Morgan On February 12, 2018, Judge Frederic Block of the U.S. District Court for the Eastern District of New York entered judgment in the amount of $6.7 million dollars in favor of plaintiff graffiti artists whose building murals were destroyed in 2013 by the owner of the building, in violation of the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. § 106A.  While the ruling in this case may seem like a coup for artists, the implication may be that building owners may be less enthusiastic about commissioning creative works to adorn their building’s exteriors. THE LAW – The Visual Artists Rights Act of 1990 VARA amended copyright law to add two “moral rights” of authors: the rights of attribution and integrity. The right of integrity is codified at 17 U.S.C. § 106A(a)(3) and provides that the author of a work of visual art shall have the right: (A) to prevent any intentional distortion,…

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