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Jury rules against developer in NY’s 5 Pointz graffiti trial

11/09/2017

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In an unprecedented decision, jurors in a Brooklyn federal court Tuesday ruled largely in favor of more than 20 artists who accused developer Jerry Wolkoff of violating the national Visual Artists Rights Act when he painted over their graffiti on his Long Island City, Queens, building in 2013. Jurors determined that some of the 49 pieces of aerosol art whitewashed at the iconic 5 Pointz building qualify under a “recognized stature” clause of the rarely tested Visual Artists Rights Act, which grants federal protection to distinguished works of art. The verdict could have wide-ranging implications for real estate developers nationwide, who may now be exposed to astronomical fines for the mishandling of art. The jury verdict, heralded following two days of deliberation, is advisory, and Judge Frederic Block is expected to make a final ruling on damages, according to the New York Daily News. “It’s going to be a difficult thing, I think, to figure out how to value this ki…

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