Murals and VARA Rights

A painting on a wall is different only in size and accessibility to the public from those on canvas or paper. Real artists paint on buildings and cars and busses. The fundamental legal issues facing mural and street artists are relatively straightforward. Most of us are aware that painting on a building or other public property can lead to civil and criminal liability. Less often considered are the interesting and nuanced legal issues concerning copyright and ownership of the work itself. How the work got on the wall does not alter the legitimacy of the expression, the work can even be vandalism and also protected by copyright. Although communities vary in artistic preferences, especially in their regulation of public art, the expressive and aesthetic value of art is separate from its status in that regulatory process. The fact remains that even “street art” is real and as advocates for arts and artists it is something we should come to terms with. In fact many cities and businesses in America (NIKE, Vans, Levi’s, and Frito Lay) have embraced this work both to advocate the legitimacy of street art, and to utilize this young urban medium for commercial purposes. Street artist Shepard Fairey helped define the brand of the last presidential election, inviting hordes of young people into the political process. Shepard Fairey is an ambassador.

Especially relevant to the public artists are the rights regarding the attribution and integrity of the work, which is part of the 1990 Visual Artists Rights Act that became part of copyright law. VARA applies to the work of artists who paint on building walls. Important rights also control secondary uses of the art such as the making of copies, t-shirts, postcards, posters, and other commercial goods.

Read more at: Murals and VARA Rights