Re:Couple May Need to Pay $250k to Have Banksy Mural Removed...
by i_am_jl on Sunday May 28, 2023 @12:58AM
(#36101282)
For what it's worth, I don't think this would be protected in the US.
In the US, graffiti artists' rights have only been upheld under VARA if their work was permitted by the property owner. The artists suing the developers who painted over 5 Pointz were successful because their work was created with the consent of the property owners.
However, more recently a property management company in California was not held responsible for painting over murals on their building that were painted without the owner's consent:
"CCI concedes that the statutory provisions of the VARA “do[] not expressly state that the consent of the building owner is necessary.” Id. Instead, CCI argues that “common sense” implies a requirement that a plaintiff must plead consent of a building owner to establish standing and access the protections of the VARA. Id. The Court agrees with CCI, at least with regards to works of art that cannot be removed from a building without causing their destruction."
In the US, graffiti artists' rights have only been upheld under VARA if their work was permitted by the property owner. The artists suing the developers who painted over 5 Pointz were successful because their work was created with the consent of the property owners.
However, more recently a property management company in California was not held responsible for painting over murals on their building that were painted without the owner's consent:
"CCI concedes that the statutory provisions of the VARA “do[] not expressly state that the consent of the building owner is necessary.” Id. Instead, CCI argues that “common sense” implies a requirement that a plaintiff must plead consent of a building owner to establish standing and access the protections of the VARA. Id. The Court agrees with CCI, at least with regards to works of art that cannot be removed from a building without causing their destruction."
https://casetext.com/case/canilao-v-city-commercial-invs
EDIT: -Chicago +California