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A Signpost for Artists’ Rights or the Beginning of the End? 5Pointz Damages Award May be A Fork in the Road

Posted by Nicholas O'Donnell on March 19, 2018 at 8:50 AM

Last week Apollo magazine published my comments about the recent 5Pointz decision.  The article can be found here, and the text is reprinted below:

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Topics: Graffiti Art, Visual Artists Rights Act of 1990, VARA, Jerry Wolkoff, Copyright, 5Pointz, Street Art

5Pointz Property Owner Sued Again Over Whitewashing of Graffiti—Measure of Damages Bears Watching

Posted by Nicholas O'Donnell on June 16, 2015 at 6:33 AM

Several street artists have sued the property owners of the building in Queens that became known as “5Pointz”—a “Mecca” of graffiti and street art. This is the second such lawsuit, after another group of artists failed to obtain a preliminary injunction in November, 2013, and the owners whitewashed nearly all of the painting on the buildings. The new lawsuit seeks damages related to the whitewashing itself, alleging that it was done hastily and secretly without giving the artists sufficient time either to remove or document their work. It relies on the Visual Artists Rights Act of 1990 (VARA), the lone moral rights provision of the Copyright Act.

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Topics: HBO, Copyright Act, Ishmael, Moral Rights, Richard Miller, Cady Nolan, Rodney Rodriguez, FCEE, Christoph Büchel’s, Graffiti Art, Visual Artists Rights Act, Patch Whiskey, Kai Niederhausen Semor, Kenji Takabayashi, recognized stature, Banksy Does New York, Jimmy C, VARA, Jerry Wolkoff, Bienbenido Guerra, Luis Gomez, MassMoCA, Banksy, TOOFLY, 17 U.S.C. § 106A, Carlo Nieva, Copyright, 5Pointz, PANIC, James Cochran, Sotheby's, Maria Castillo

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

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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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