"Does owning a piece of property give you the absolute right to alter or remove any art that's on it? That question was asked in the recent, high-profile dispute in Manhattan over the Elizabeth Street Garden, a public space beloved by residents that was transformed from a once-abandoned city lot into a sculpture-filled garden three decades ago. The city planned to demolish the garden to build affordable housing for seniors. In response, the garden's advocates filed a federal lawsuit in February 2025, arguing the entire garden was a "physical and social sculpture" protected from destruction by the Visual Artists Rights Act (VARA)."
"The dispute was ultimately resolved in June 2025 and the garden was spared. The case still highlights the legal power of VARA and the risks for property owners, a lesson a New York real estate developer learned the hard way when he was ordered to pay $6.75 million for whitewashing graffiti on his own property in the landmark 5Pointz case."
"Established in 1990, VARA codifies these protections for a narrow class of works, including one-of-a-kind or limited-edition (200 or fewer copies) paintings, drawings, prints, and sculptures. VARA grants artists two primary rights for their lifetime: Right of Attribution: The right to be recognized as the author of a work. Right of Integrity: The right to protect a work from distortion, mutilation, or destruction."
Elizabeth Street Garden faced demolition to build senior affordable housing, prompting advocates to sue under VARA in February 2025 by calling the garden a "physical and social sculpture" protected from destruction. The dispute was resolved in June 2025 with the garden spared. VARA, enacted in 1990, grants artists moral rights of attribution and integrity for qualifying one-of-a-kind or limited-edition works. To bar destruction under VARA, a work must be shown to be of recognized stature. The 5Pointz case, which produced a $6.75 million judgment, illustrates the legal and financial risks property owners face when removing or altering protected art.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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