Art Law Report

Anish Kapoor in Versailles: Requiring Removal of Graffiti Turns Into Compelled Speech

Posted by Nicholas O'Donnell on September 22, 2015 at 6:27 AM

Back in June, sculptor Anish Kapoor installed the sculpture Dirty Corner on the grounds of the famous palace there. Kapoor, who can’t seem to avoid public controversy over his work, saw the sculpture first become the object of debate with regard to its form itself, specifically, the suggestion that the shape of the large work was anatomical. Kapoor coyly fostered speculations about what it was meant to represent, but ultimately demurred that his “work has multiple interpretive possibilities." With recent vandalism and a court order that he remove the graffiti, however, the story has turned into one more about free expression and compelled speech. So far, it does not have a happy ending.

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Topics: Yahoo, Rock Fan, Versailles, The Art Newspaper, Fabien Bouglé, Ku Klux Klan, Dirty Corner, Graffiti Art, France, Williams College, Fleur Pellerin, Nazis, Palace of Versailles, Confederate Flag, Richard Serra, Catherine Pégard, refugee crisis, Williams College Museum of Art, First Amendment, Yardbird Suite, Anish Kapoor, François Hollande, vandalism, anti-Semitic, Graffiti, Amherst College, Tilted Arc

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

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

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