Saturday, April 07, 2018

"If a building owner finds itself in a position where it must remove art protected by VARA and no written VARA waiver was obtained, the owner should proceed cautiously and in good faith in the destruction or removal of the art."

"For example, notice should be provided to the artist of the landlord’s intention to remove the art, ample time should be provided for its removal (no less than 90 days), and other accommodations should be made to facilitate the art’s preservation and removal. Though an action for injunction may still ensue if the work cannot be safely removed without destruction, the hope is that any damage award would, at the very least, be mitigated in light of the owner’s good faith efforts. In 5Pointz, maximum statutory damages were awarded because of the landlord’s aggressive actions, which were held to be an insult to the artists."

The latest from the New York Law Journal on the 5Pointz decision.