News & Analysis as of

Visual Artists Rights Act (VARA) Intellectual Property Protection

Troutman Pepper Locke

Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast

Troutman Pepper Locke on

In this episode of No Infringement Intended, hosts Austin Padgett and Rusty Close delve into the 5Pointz case, where graffiti art clashed with property rights in Queens, NY. Explore how the Visual Artists Rights Act (VARA)...more

Dorsey & Whitney LLP

Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

Dorsey & Whitney LLP on

Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more

Stoel Rives LLP

License to Build: The Importance of License Terms in Design Agreements

Stoel Rives LLP on

Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property...more

ArentFox Schiff

Painting Over Controversy: Navigating VARA and Controversial Canvases

ArentFox Schiff on

A recent Second Circuit case has brought the debate surrounding contentious art and intellectual property rights to the forefront. The US Court of Appeals for the Second Circuit ruled that Vermont Law School's decision to...more

Gray Reed

Painting over Property Rights: The Effect of the Visual Artists Rights Act on Real-Estate Development

Gray Reed on

The Lillian Corporation purchases a vacant and dilapidated office building with plans to demolish it and build luxury condos. Only one thing stands in the way: a mural on the side of the building painted years earlier by a...more

International Lawyers Network

Th-Inking About The Law: Tattoos Leaving Indelible Marks On Black-Letter Principles & Coloring Our Perspectives

Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years.  The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II...more

International Lawyers Network

Still Standing?: The Sometimes Rocky World Of Public Art

To many, the names “Rocky Balboa” and the “Italian Stallion” are as universal and front of mind as the names “Chuck Wepner” and the “Bayonne Bleeder” are regional and tucked into (or have already fallen out of or never made...more

Sullivan & Worcester

Au Revoir, Droit de Suite—9th Circuit Narrows California Resale Royalty Act to a Single Year’s Sales

Sullivan & Worcester on

The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...more

Mintz - Real Estate, Construction &...

5Pointz and the Visual Artists Rights Act of 1990

A recent article I co-authored and published in the New York Law Journal recaps and highlights the key takeaways in the federal district court’s decision in Cohen v. G&M Realty L.P. (E.D.N.Y, Feb. 18, 2018), relating to the...more

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