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Graffiti Litigation Update: Settlements and Procedural Wrangling

Posted by Nicholas O'Donnell on December 3, 2014 at 5:50 AM

Back in October, we surveyed some developments in lawsuits over public art and protection available under copyright law in graffiti art. There has been some movement, and other developments, in these cases.

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Topics: Ahol Sniffs Glue, Zero Theorem, Digital Milennium Copyright Act, David Anasagasti, Zappos.com Inc., Monty Python, Sara Bareilles, 15 U.S.C. § 1125(a), London, Terry Giliam, the Lanham Act, DMCA, Jason 'Revok' Williams, 17 U.S.C. §1202 et seq., Public Art, Graffiti Art, Romania, Vogue, Nordstrom Inc., Chicago, Amazon.com Inc., unfair competition, Robert Cavalli, Victor 'Reyes' Chapa, Jeffrey 'Steel' Rubin, Copyright, Buenos Aires, Litigation, Ocean Grown, Wal-Mart, New York Magazine, Graffiti, California Business and Professions Code § 17200, Staff USA Inc.

Graffiti, Vandalism, and Public Expression: Public Art and its Uneasy Relationship with the Law

Posted by Nicholas O'Donnell on October 2, 2014 at 1:24 PM

Recurring events involving public art have underscored the tension between that expression and the law. Banksy’s “residence” in New York last fall broached this subject, but this summer’s Brooklyn Bridge flag incident, and several new lawsuits asserting copyright in graffiti will test the bounds of what the law protects and what it permits. As Banksy says in one of his murals, "graffiti is a crime."

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Topics: Burrow-Giles Lithographic Co. v. Sarony, Ahol Sniffs Glue, David Anasagasti, Steel, City as Canvas, Moral Rights, Argentina, Public Art, Graffiti Art, Philippa Loengard, Visual Artists Rights Act of 1990, Leonardo’s Last Supper, Columbia Law School’s Kernochan Center for Law Med, Chicago, Museum of the City of New York, VARA, Public Expression, Michael Bloomberg, American Eagle, Terry Gilliam, Banksy, 17 U.S.C. § 106A, Copyright, Buenos Aires, 5Pointz, Revok, Roberto Cavalli, vandalism, Reyes, Graffiti, The Atlantic, New York

Victor Henderson of LA Fine Arts Squad Files VARA Claim Over “Brooks Avenue Painting”

Posted by Nicholas O'Donnell on May 2, 2014 at 11:26 AM

Victor Henderson, creator of the Los Angeles mural “Brooks Avenue Painting,” has filed a lawsuit alleging a violation of his right of integrity under the Visual Artists Rights Act (“VARA”).

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Topics: Brooks Avenue Painting, Section 106A(a)(3), Moral Rights, The Doors, negligence, Victor Henderson, Graffiti Art, Visual Artists Rights Act, California Art Preservation Act, recognized stature, VARA, conversion, Copyright, 5Pointz, Terry Schoonhoven, LA Fine Arts Squad, Ralph Ziman

5Pointz Not of "Recognized Stature" Under the Visual Artists Rights Act? Court Takes the Narrow View and Paintings are Whitewashed

Posted by Nicholas O'Donnell on November 24, 2013 at 5:00 AM

Amidst all the coverage over famed graffiti artist Banksy’s recent "residence" in New York and questions about how artistic license would fare against trespassing and graffiti laws (short answer: poorly), another graffiti case in New York this month has explored the reach of the Visual Artists Rights Act of 1990 (VARA). Ultimately, the law did not suffice to prevent the owner of the so-called "graffiti Mecca" from proceeding with its intended use of the property (and obliteration of the graffiti).

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Topics: Carter v. Helmsley-Spear, Copyright Act, Inc., Graffiti Art, Visual Artists Rights Act, recognized stature, VARA, Jerry Wolkoff, Banksy, 17 U.S.C. § 106A, Erin Thompson, Copyright, 5Pointz, Litigation

Banksy and Vandalism

Posted by Nicholas O'Donnell on October 18, 2013 at 11:13 AM

The Center for Art Law has a thought-provoking piece about the intersection of property rights and Banksy’s “residence” in New York right now. Mayor Bloomberg went on record too as saying he considered graffiti, and implicitly the works themselves, “a sign of decay.” It’s hard to see a court making an exception in New York City for graffiti, no matter what the art world says.

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Topics: David Hammons, Rock Fan, Public Art, Graffiti Art, Williams College, Michael Bloomberg, Banksy, Chapin Hall, Eugene Johnson, vandalism, Center for Art Law

A Primer on Transformativeness: Green Day Proves Fair Use of Image in Concert Video

Posted by Nicholas O'Donnell on August 9, 2013 at 10:34 AM

The Ninth Circuit has ruled in favor of the band Green Day in a copyright case that gives much better guidance on fair use and transformativeness than this year’s earlier Prince v. Cariou Second Circuit case. Despite copying an entire image, in the backdrop of a video that showed onstage at a multi-million dollar concert tour, the appeals court upheld judgment in Green Day’s favor because the use added new meaning and purpose, and thus was transformative. It is a victory for expressiveness, but more importantly, a useful set of instructions that Prince failed to give.

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Topics: Cariou v. Prince, Derek Seltzer, Roger Staub, Graffiti Art, Green Day, 21st Century Breakdown, East Jesus Nowhere, Copyright, Ninth Circuit, Jesus Christ, Performance Environmental Design, Scream Icon, Fair Use

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About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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