The 5Pointz Case: Damages awarded against property owner for whitewashing street art. (27th April 2018)

• Record Type: Journal Article
• Authors: O'Connell, Aislinn
• Is Part Of: Journal of intellectual property law and practice. Volume 13:Number 7(2018:Jul.)
• Page Start: 529
• Page End: 530
• Publication Date: 2018-04-27
• Subjects: Intellectual property -- Periodicals; Intellectual property -- Europe -- Periodicals; 346.048
• DOI: 10.1093/jiplp/jpy056
• Languages: English
• ISSNs: 1747-1532

Abstract

Abstract: Cohen and Ors v G&M Realty LP and Ors [unreported, EDNY 2018] (Cohen II) In Cohen v G&M Realty LP [unreported, EDNY 2018], the US District Court for the Eastern District of New York awarded damages in the amount of $6.75 million to 21 graffiti and street artists, following the destruction via whitewashing of 45 artworks on the 'graffiti mecca' 5Pointz, in New York, in November 2013. The damages were awarded on the basis of the Visual Artists Rights Act 1990 (VARA), which protects works of recognized stature. Statutory damages were awarded in the highest amounts due to the wilful actions of the defendant.