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What the 5 Pointz graffiti whitewashing case could mean for real estate owners

11/08/2017

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Jurors on Tuesday inched closer to a verdict in the 5 Pointz graffiti trial, a case involving a rarely tested statute of the federal Visual Artists Rights Act that may have wide-ranging implications for real estate developers nationwide, according to experts in the areas of art and real estate. The trial in Brooklyn Federal Court, which began in October, centers on the destruction of mural-sized graffiti — or aerosol art — covering the iconic 5 Pointz building in Long Island City, Queens. More than 20 artists have accused the owner, Jerry Wolkoff, of violating the Visual Artists Rights Act, which protects art of “recognized stature,” when he whitewashed the 45-46 Davis St. building in 2013 and demolished it a year later to make way for residential towers. A subsection of the Copyright Act, the 1990 Visual Artists Rights provision protects against “intentional distortion, mutilation or other modification,” but has never been tested in court. Experts believe artists in th…

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