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[11WashJLTech&Arts141] Graffiti and the Visual Artists Rights Act

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dc.contributor.author Wang, Amy
dc.date.accessioned 2015-09-15T14:43:48Z
dc.date.available 2015-09-15T14:43:48Z
dc.date.issued 2015-09
dc.identifier.citation 11 WASH. J.L. TECH.& ARTS 141 (2015) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1479
dc.description Washington Journal of Law, Technology & Arts, Volume 11, Issue 2, Summer 2015 en_US
dc.description.abstract Abstract: Common adornments on the sides of freight trains, highway underpasses, and dark alleyways, aerosol paint designs now also boast recent appearances on high-fashion runways, in Top 40 music videos, and even at sophisticated art auctions. Graffiti, by any other name, is still generally associated with gang activity. However, the acceptance of street art by pop culture has legitimized spray painting as another expression of modern art and aerosol artists have proven they deserve recognition. Nonetheless, while intellectual property law extends protection to benefit other artists, its application is limited as a recourse for graffiti artists. Why? Because the irony of protecting vandalism has not escaped the courts. This Article explores the strategies used by an artist’s counsel to protect his or her client’s work from alleged infringers. After a brief overview of general copyright protections, the Article will focus on the potential claims an artist can assert under the Visual Artists Rights Act of 1990. Specifically, it will examine the case law established by a U.S. District Court in Cohen v. G&M Realty L.P., 988 F. Supp. 2d 212 (E.D.N.Y. 2013), and discuss both an artist’s possible claims for protection under VARA and the possible defenses. This Article will highlight key issues that remain unanswered and summarize recommendations for practitioners whose clients are on either side of these issues. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.title [11WashJLTech&Arts141] Graffiti and the Visual Artists Rights Act en_US
dc.title.alternative Graffiti and the Visual Artists Rights Act en_US
dc.type Article en_US
dc.rights.holder © Amy Wang en_US


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