Art Law Report

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

McDonald's Beats Graffiti Copyright Claims in California, But Faces New Threat over New York Street Art

Posted by Nicholas O'Donnell on April 26, 2017 at 11:50 AM

McDonald’s recently prevailed on personal jurisdiction grounds in a closely-watched case in California about the use of street art as décor for restaurants in the United Kingdom, but the issue has quickly arisen again.  As part of what the fast-food giant has clearly decided is a winning branding strategy, the chain’s use of graffiti from New York has now brought the threat of litigation from the so-called Bushwick Collective.  Where any such lawsuit gets filed will have a great deal to do with what happens next.

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Topics: Graffiti, Street Art, Dashiell Snow, Moschino, Rime, Joseph Tierney, McDonald's, personal jurisdiction, Daimler AG v. Bauman, Virus, NDA, Atomik, Don Rimx, Beau Stanton, Himbad, Bushwick Collective, 17 U.S.C. § 1202, Digital Millennium Copyright Act, Netherlands, United Kingdom, California, New York, specific jurisdiction, general jurisdiction

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

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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