Graffiti Gets VARA Protection: The 5Pointz Case

Abstract

The decision of the the New York District Court of February 2018 in the case involving the demolition of the graffiti center known as “5Pointz” is of seminal importance. This is the first time graffiti artists have been protected under the Visual Artists Rights Act (VARA), a piece of legislation introduced in the US in 1990 to offer visual artists’ moral rights, including the right to prevent destruction of their works.

Judge Frederic Block awarded a record sum of $6.7 million statutory damages (the highest amount ever awarded under VARA) to 21 graffiti and street artists who had sued the owner of the complex, with the biggest award of $1.3 million being given to 5Pointz de facto curator Meres One (real name: Jonathan Cohen). The judge found that the property owner had not served the 90 days’ notice required under VARA and thus willfully and illegally destroyed the art attached to his building.