The Making of the Moral Rights Case: The Factual and Legal Background of the 5Pointz Trial

By Laura B. Richardson

5Pointz, the world-renowned “graffiti mecca” as it was once known, has become the subject of a legal battle which has culminated in a jury trial in the Eastern District of New York. Cohen v. G&M Realty L.P., 2017 U.S. Dist. LEXIS 50943 is a case brought by twenty-one graffiti artist plaintiffs against the defendant property owners of the 5Pointz buildings, for the destruction of 49 aerosol artworks (numbers of plaintiff-artists and works have been changing between 2013 and 2017). The artists are suing for infringement of their rights under the Visual Artists Rights Act 1990 ("VARA"), 17 U.S.C. § 106A, which protects rights of living artists whose visual art works are of recognized stature.

Background