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ARTICLE · 05 MAY 2017

Will A Court Recognize ‘Aerosol Artists'?

You may think of it as "graffiti," but a court in New York must determine if "aerosol art" is "meritorious" and of "recognized stature" such that it gets special copyright protection.

United StatesIntellectual Property

You may think of it as "graffiti," but a court in New York must determine if "aerosol art" is "meritorious" and of "recognized stature" such that it gets special copyright protection. 

Twenty-three graffiti artists filed a claim under the Visual Artists Rights Act (VARA), against a building owner, alleging the owner violated their rights when he painted over their graffiti in 2013. The artists originally used the walls of Gerald Wolkoff's Long Island City building, nicknamed 5Pointz, without permission. But Wolkoff later invited them to continue with their graffiti, which one of the current Plaintiffs curated.

Eventually, numerous works adorned the warehouse, some created by artists who have had their creations used in advertising campaigns for Heineken and Deutsche Bank.

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