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New York graffiti artists triumph over developer who destroyed their work
The "Guardian" ^

Posted on 11/09/2017 7:10:18 PM PST by BenLurkin

A jury has ruled that a real estate developer broke the law by destroying a swath of graffiti art in New York City, in a verdict that could provide legal protections for street artists across the US.

The federal jury made its decision after a group of artists sued Jerry Wolkoff, who painted over their work at the 5Pointz building in Queens, New York City, in November 2013.

5Pointz, a former factory owned by Wolkoff, was a haven for graffiti artists from around the world and became a prominent tourist attraction. Wolkoff had given the artists permission to use the building as a canvas for “aerosol art” and the building was covered in multicolored murals and tags.

But in 2013, when Wolkoff decided to demolish the building and replace it with apartments, he whitewashed the graffiti art in the dead of night.

On Wednesday the jury decided that the artists’ work was legally protected under the Visual Artists Rights Act (Vara), and that meant that Wolkoff had broken the law.

It was the first time graffiti, or “aerosol art” had been given that protection under federal law, potentially meaning thousands of graffiti murals across the country could now be preserved.

Wolkoff bought the 5Pointz building, which once housed a factory that manufactured water meters, in the 1970s. He gave artists permission to create murals on the building but said he had told them he always intended to demolish it.

In 2013 he finally put those plans into action and drew up plans to raze the building and create an apartment complex. But the way he carried out those plans caused uproar.

(Excerpt) Read more at theguardian.com ...


TOPICS: Crime/Corruption; Government
KEYWORDS: art; crime; graffiti; nyc; privateproperty; vandalism; vara
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1 posted on 11/09/2017 7:10:18 PM PST by BenLurkin
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To: BenLurkin

Sounds like a perverted form of adverse possession.

Plank #1 of the Communist Manifesto: Abolition of private property rights.


2 posted on 11/09/2017 7:12:10 PM PST by E. Pluribus Unum (<img src="http://i.imgur.com/WukZwJP.gif" width=800><p><h1>NYC 9-11 Memorial 09/11/2016</h1>)
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To: BenLurkin

Was any stolen paint used?


3 posted on 11/09/2017 7:13:41 PM PST by Paladin2 (No spelchk nor wrong word auto substition on mobile dev. Please be intelligent and deal with it....)
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To: BenLurkin

The landowner owned the canvass. Severe loss of property rights here.


4 posted on 11/09/2017 7:20:24 PM PST by FreedomPoster (Islam delenda est)
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To: BenLurkin

Street artists? No, they are disgusting vandals.


5 posted on 11/09/2017 7:23:25 PM PST by Bigg Red (Vacate the chair! Ryan must go. Dump McConnman, too.)
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To: E. Pluribus Unum

By allowing them to paint for so long did he create an easement?


6 posted on 11/09/2017 7:23:38 PM PST by who_would_fardels_bear
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To: BenLurkin
Step 1: Whitewash new wall
Step 2: declare white wall to be the essence of art itself
Step 3: sue any graffitists for destruction of your artistic pure white wall under "logic" of this ruling.
7 posted on 11/09/2017 7:25:41 PM PST by KarlInOhio (The Whig Party died when it fled the great fight of its century. Ditto for the Republicans now.)
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To: who_would_fardels_bear
By allowing them to paint for so long did he create an easement?

No good deed goes unpunished.

8 posted on 11/09/2017 7:28:06 PM PST by E. Pluribus Unum (<img src="http://i.imgur.com/WukZwJP.gif" width=800><p><h1>NYC 9-11 Memorial 09/11/2016</h1>)
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To: BenLurkin

The railroad cars behind our office are covered with this crap.


9 posted on 11/09/2017 7:32:45 PM PST by brianr10
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To: BenLurkin
He gave permission.

While I understand that he may have thought the vacant building was more interesting with "art", that permission opened up a can of worms.

In retrospect, he should have simply paid a nominal fee for the "art" and made them sign a release. Those who didn't comply would have their "art" covered.

Sad we have to jump through these hoops.
10 posted on 11/09/2017 7:41:14 PM PST by Gingersnap
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To: BenLurkin

Turk 182 lives!


11 posted on 11/09/2017 7:57:02 PM PST by slumber1 (Islam delenda est)
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To: slumber1
Turk 182 lives!

Apparently not. It was Taki 183.

And the fact that he has faded into the haze of memory error is appropriate. Graffiti can logically have no rights, since it by definition the wall-scrawler is denying the rights of the owner of the thing he scrawled on.

12 posted on 11/09/2017 8:08:06 PM PST by SamuraiScot
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To: brianr10

Whenever I see a truck covered in graffiti in Maryland, I check the name on the door. It’s always from New York City.


13 posted on 11/09/2017 8:09:47 PM PST by cyclotic (Trump tweets are the only news source you can trust.)
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To: BenLurkin

So when the KKK or whoever paints swastikas on churches or synagogues, is that now street art, too?

How about if the street artists paint the judge’s house?

Have these judges all gone collectively insane?


14 posted on 11/09/2017 8:38:22 PM PST by generally ( Don't be stupid. We have politicians for that.)
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To: who_would_fardels_bear

Sounds like it.

His informal allowance came back to bite him.

Should have used his lawyer and strictly enforced usage.


15 posted on 11/09/2017 8:52:41 PM PST by Bogey78O (So far so good.)
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To: BenLurkin

Graffiti or tattoos on a beautiful woman. I don’t know which bothers me worse.


16 posted on 11/09/2017 9:49:47 PM PST by willk (everyone)
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To: willk

Before tattoos on beautiful women,
it was the filthy mouths the acquired
in the seventies.


17 posted on 11/09/2017 10:04:44 PM PST by sparklite2 (-)
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To: BenLurkin


I prefer the grafitti.

18 posted on 11/09/2017 10:11:15 PM PST by sparklite2 (-)
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To: Gingersnap

I have heard many times of people that took in homeless people for a short while and were stunned to find they couldn’t just “ask them to leave”. Once you give people permission to stay for a while, all kinds of protections suddenly come into play.

It’s amazing the morass of rules we have created that has brought into play all these unintended consequences.


19 posted on 11/09/2017 10:43:35 PM PST by I still care (The left's goal never was tolerance. It always was fascism.)
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To: E. Pluribus Unum

Here tis;

http://realestate.findlaw.com/land-use-laws/prescriptive-easements.html


20 posted on 11/09/2017 10:50:07 PM PST by Hillarys Gate Cult
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