Saturday, April 20, 2024

Black Lives Matter Murals: Intellectual Property vs. Real Property Rights

Interesting article via JD Supra on an issue that keeps coming up: whether non-commissioned, illegal street art on private property is blessed with intellectual property and moral rights.

“…despite the growing recognition of Black Lives Matter-inspired street art, including murals, illegally placed artwork will likely be subject to the wishes of the property owner. Even when an artwork achieves VARA protection, courts may still deny relief when the artwork has been installed without authorization from the property owner. Accordingly, artworks that are affixed to property, without the property owner’s permission (e.g., vandalism), may be subject to destruction, removal, or transfer of that particular manifestation.”


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