2nd Circuit Affirms 5Pointz Whitewashing Violated Visual Artists Rights Act

The Second Circuit recently affirmed that a developer's whitewashing of street art painted at the "5Pointz" warehouse complex in Long Island City was a violation of the Visual Artists Rights Act ("VARA," codified at 17 U.S.C. § 106A). In its ruling, the Second Circuit held that (1) the potentially temporary nature of street art does not preclude its protection under VARA as a work of "recognized stature" and (2) the determination of the "recognized stature" of a work under VARA is most properly determined by the evaluation of a "relevant community"—typically the art community of art historians, art critics, museum curators, gallerists, prominent artists, and other experts.

Background of the 5Pointz Street Art Complex