Art Law, Co-Sponsored by Comparative Law, Intellectual Property, and Property Law

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In February, just before the COVID-19 pandemic took hold of the United States, the art world celebrated a landmark decision by the Second Circuit. It affirmed the award of $6.75 million in damages to a group of street artists whose aerosol art was destroyed by a real estate developer. Recognizing street art as “a major category of contemporary art,” the court extended to these artists the limited moral rights protections afforded by U.S. law. This panel will reflect on this case and others and take a comparative analysis of moral rights, the difficulties of protecting street art, and possible responses to the novel legal issues raised by Banksy.