Tag Archives: visual artists rights act

U.S. Supreme Court declines to review 5Pointz ruling

Posted on: November 13, 2020 by Stephanie Drawdy

The 5Pointz case has now been confirmed as viable authority in favor of artists’ rights in the United States. In early October, the U.S. Supreme Court declined to hear the petition for certiorari filed by developers Gerald Wolkoff and several of his real estate entities, thereby eliminating the last appellate hope the developers had to […]

5Pointz case stayed pending petition to U.S. Supreme Court

Posted on: June 12, 2020 by Stephanie Drawdy

A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]

Corporate Misappropriation of Urban Art: The Legal Landscape in the U.S.

Posted on: March 31, 2020 by Stephanie Drawdy

Does an advertisement that shows street art without the artist’s permission infringe the artist’s rights? Does it matter if the art was painted on a building with the property owner’s permission? Would the answer change if the mural is on a building that is visible to the public? The unfortunate answer to each of these […]

5Pointz appeal marks quantum shift in U.S. copyright law

Posted on: March 18, 2020 by Stephanie Drawdy

The appeal of a multi-million dollar award in favor of a group of artists that made headlines in 2018 was recently decided by a U.S. appeals court. The question looming for the last two years in the precedential case known as 5Pointz: would a New York developer be required to pay over $6 million in […]

Multi-million Dollar Award Under Appeal In Divisive 5Pointz Case

Posted on: November 28, 2019 by Stephanie Drawdy

Ninety days versus $6.75 million. That’s what the 5Pointz case currently on appeal in the US before the Second Circuit Court of Appeals boils down to. Twenty-one artists should have been given a ninety-day notice to remove their art from the façade of a real estate developer’s property before he whitewashed the works, according to the […]

Posthumous Claims Over American Pop Artist Robert Indiana: Everything You Need To Know So Far

Posted on: July 31, 2019 by Stephanie Drawdy

In 1961, when he was in his thirties, American Pop Artist Robert Indiana stencilled a call for peace from Longfellow’s The Song of Hiawatha into his painting, The Calumet.  Regrettably, as Indiana was passing away last year at his home in Maine, his world was anything but peaceful. Indiana’s legacy and art had become entangled in […]

Big Eyes: An IP perspective?

Posted on: January 6, 2015 by Alexander Herman

The new Tim Burton film, Big Eyes, was released over the holidays. It tells the story of American painter Margaret Keane (née Hawkins), whose works for the most part depicted young waif-like girls with enlarged, often tearful, eyes. Throughout the 1960s, as the paintings became increasingly popular, Margaret’s husband, Walter, would pass them off as his own. The paintings […]