Tuesday, August 08, 2006
Los Angeles NPR affiliate KCRW recently did a show on the destruction of Kent Twitchell's "Ed Ruscha" mural, interviewing Twitchell and his lawyer, as well as LA-based art lawyer Christine Steiner and the Public Art Director for the City of San Jose, Barbara Goldstein. You can listen to the program here. The two lawyers on the panel agreed that punitive damages are available, but my understanding is that's true only under the California moral rights statute (not under VARA) and, even there, the California Act provides that if punitive damages are awarded, they wouldn't go to Twitchell personally; instead the court would "select an organization or organizations engaged in charitable or educational activities involving the fine arts in California" to receive them.
Posted by Donn Zaretsky at 11:30 AM