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ARTICLE · 28 FEBRUARY 2018

Lessons From 5Pointz: Avoiding Potential Tension Between Artists And Property Owners

In Jonathan Cohen et. al v. G&M Realty L.P. et al., the U.S. District Court for the Eastern District of New York awarded $6.7 million to a group of graffiti artists whose works had been systematically whitewashed...

United StatesIntellectual Property

Elena Otero and Gavin Williams are attorneys in Holland & Knight's Miami office

HIGHLIGHTS:

  • From Miami's Wynwood to San Francisco's Mission District to Chicago's West Loop, graffiti/street art has become a popular way for communities to revitalize neighborhoods and property owners to reap the benefits of the corresponding rise in property values.
  • In Jonathan Cohen et. al v. G&M Realty L.P. et al., the U.S. District Court for the Eastern District of New York awarded $6.7 million to a group of graffiti artists whose works had been systematically whitewashed under cover of darkness by the owner of 5Pointz, a former factory complex in the Queens borough of New York.
  • While the 5Pointz litigation heralds the willingness of a court to protect artists' work from developers looking to take advantage of rising property values, it also provides notice to property owners that working with artists at the beginning of a project can bring the richness of street art to

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