Legal Information

Broken Windows, Again?! Battle against taggers in SF, 2018 Recap

Submitted by russell on Fri, 01/04/2019 - 10:08

Battle against taggers makes its mark as San Francisco’s graffiti plague eases
SF Chron (LINK)
Evan Sernoffsky Jan. 4, 2019 Updated: Jan. 4, 2019 4 a.m.

They usually strike at night. Spray can in hand, they scrawl their crude tags on San Francisco’s historic brick facades, business windows and sidewalks.

And when morning reveals the destructive spree of graffiti, the vandals are usually long gone, leaving property owners with a stubborn cleanup job — possibly even a fine.

But thanks to an aggressive new strategy by police and prosecutors, such incidents of vandalism appear to be in decline, according to the latest numbers. Reports of graffiti to 311 have hit an all-time low since the city started tracking the data at the start of 2016.

There were 3,371 such calls in November compared with 7,611 reported during March,…

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New Orleans Mural Sparks Constitutional Battle

Submitted by russell on Wed, 03/28/2018 - 20:30

Anti-Trump Mural Sparks ACLU Lawsuit and Public Art Dispute in New Orleans
Shortly after putting up a mural on his private property last year, Neal Morris received a letter from the city demanding its immediate removal and threatening jail time.
Benjamin Sutton for Hyperallergic

<< Cashy-D's anti-Trump mural in New Orleans (photo courtesy and © Neal Morris

Late last year, New Orleans developer Neal Morris commissioned the local artist Cashy-D to paint a mural on his private property. On November 4, the artist completed the piece, which…

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H&M Lawsuit Against Street Artist Could Have Changed Copyright Law

Submitted by russell on Sun, 03/25/2018 - 15:57

H&M Lawsuit Against Street Artist Could Have Changed Copyright Law [UPDATED]
The clothing company claims it has dropped its lawsuit against the artist Revok after widespread outcry and calls for a boycott, though the artist’s lawyer claims that is not true.
Claire VoonMarch 15, 2018
Hyperallergic

Update, 3/15/2018, 4:30pm: According to the Daily Beast, H&M has withdrawn its lawsuit. It shared the following statement:

H&M respects the creativity and uniqueness of artists, no matter the medium. We should have acted differently in our approach to this matter. It was never our intention to set a precedent concerning public art or to influence the debate on the legality of street art.  As a result, we are withdrawing the complaint filed in court. We are currently reaching out directly to the artist in question to come up with a solution.…

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5Pointz Artists Win $6.7m in NYC VARA Case

Submitted by russell on Mon, 02/12/2018 - 21:46

Decrying Real Estate Developer’s ‘Insolence,’ Judge Awards Street Artists $6.7 Million in Landmark 5Pointz Case

The ruling is a decisive victory for street artists.

Eileen Kinsella, February 12, 2018 (Artnet)

In a dramatic conclusion to a landmark case, a judge has ruled that a New York developer must pay $6.7 million to a group of graffiti artists to compensate for painting over their work without warning in 2013. The decision represents a decisive victory for street artists in a case that pitted their rights against those of a real estate executive.

The artists sued the developer, Gerald Wolkoff, for violating their rights after he whitewashed their work at the famous 5Pointz art mecca in Long Island City to make way for condos. A jury ruled in favor of the artists in November, but it remained up to a judge to determine the extent of the damages…

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fnnch Wants SF to Decriminalize Stickers and Posters

Submitted by russell on Wed, 01/31/2018 - 20:10

Street Artist 'Sign-Bombs' Downtown Neighborhoods With 450 'Honey Bears'
Mon. January 29, 2018, 4:34pm
by Nathan Falstreau for hoodline
 

Street art is part of San Francisco's landscape, but one local artist recently installed hundreds of pieces of his work to spark a conversation about using public spaces as a canvas for self-expression.

Over the weekend, fnnch [Stencil Archive album], best known for his depictions of honey bears, ladybugs, seashells, flamingos and turtles, fastened 450 pieces to utility poles between Market and…

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Coming Soon: Shepard Fairey's New LA Show and Hulu Doc

Submitted by russell on Sun, 11/05/2017 - 21:51

After ‘Hope,’ and Lawsuit, Shepard Fairey Tries Damage Control
By JORI FINKELNOV. 3, 2017 (LINK)

LOS ANGELES — By just about any measure, it’s been a long time since the street artist Shepard Fairey managed to capture the optimism of Barack Obama’s candidacy in his “Hope” poster, the stylized portrait in red, white and blue tones that easily ranks as the most famous, also ubiquitous, artwork of 2008.

Mr. Fairey’s oldest daughter, then 2 years old, is now almost a teenager. The “Hope” image became the subject of a copyright infringement lawsuit by The Associated Press that was both expensive and embarrassing for the artist. Mr. Fairey, who is 47, has since gone on to create art for activist movements like Occupy Wall Street, Black Lives Matter and the Women’s March.

And now “Damaged” — his biggest gallery show yet, with about 200 new paintings…

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Street Artists Threaten McDonald’s with Lawsuit

Submitted by russell on Sat, 04/22/2017 - 19:30

Six Street Artists Threaten McDonald’s with Copyright Infringement Lawsuit

ARTSY EDITORIAL
BY ANNA LOUIE SUSSMAN
APR 19TH, 2017

In another chapter of 2017’s incredible streak of “multinational corporation tries to appeal to the kids; mayhem ensues” episodes, McDonald’s stands accused of copyright infringement and false endorsement for using the work of New York City graffiti artists in a promotional video entitled “McDonald’s Presents the Vibe of Bushwick NY.”

On Wednesday, lawyers representing six street artists sent a letter to the burger chain threatening legal action and seeking “compensation for damages to their work and reputation, as well as profits derived from McDonald’s unauthorized use of their artwork,” according to a statement released by their lawyer Andrew Gerber of Kushnirsky Gerber PLLC.

The…

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117 Million Americans in Face-Recognition Databases

Submitted by russell on Wed, 10/26/2016 - 07:14

African Americans are more likely to be targeted by face recognition software

By Sidney Fussell, Fushion.net

On Tuesday, a 150-page report released by Georgetown University’s Center for Privacy and Technology found that an astounding 117 million Americans, nearly half of all adults in the country, have their images stored in face-recognition databases searchable by federal, state, and local authorities. The databases are compiled primarily from images like mugshots, driver’s license photos, passports and visa pictures. Georgetown found that 1 in 4 police departments use face recognition databases, more than 4,000 total departments. The FBI’s database, many times larger than those of local police departments, is also sourced largely from non-criminal images, meaning that inclusion in the face recognition database (unlike fingerprint and DNA databases) isn’t reserved for…

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Copyright war: Street artists accuse big corporations of stealing their artworks

Submitted by russell on Thu, 10/20/2016 - 19:50

Copyright war: Street artists accuse big corporations of stealing their artworks
The family of the deceased artist Dash Snow have accused McDonald's of stealing Snow’s graffiti signature to decorate the walls of hundreds of their restaurants – and his case is not the only one

Enrico Bonadio Monday 17 October 2016 for the Independent UK

The family of late street artist Dash Snow say McDonald's stole his graffiti signature and put it on the walls of their restaurants

Fast food giant McDonald’s has its own, very recognisable logo, but it may soon need to defend itself against a copyright lawsuit for allegedly appropriating someone else’s, in this instance the stylised name of a street artist.

The family of the deceased artist Dash Snow recently brought the case to a Californian court. Also…

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Justin Giarla flees SF, but not lawsuit

Submitted by russell on Sat, 08/20/2016 - 15:46

This story, where a gallery owner allegedly doesn't pay artists, is a good addition to the Stencil Archive legal feed. Before I saw this Vandalog post (with links to statements made) pop up on my social media streams, I overheard a reporter ask Shepard Fairey about it while I was watching his mural go up in Hayes Valley. Fairey replied, on the record, that he had heard about Justin Giarla's plight. "He owes me money too, but I don't really need it," Fairey said. "What makes me sad is all the money he owes to the artists that really need it." A few days later, a link showed up with more of the story, including past and future litigation over money owed to artists from Giarla's various galleries. Moral of the story: ARTIST BEWARE!

Justin Giarla closes galleries, moves to Portland, allegedly screws over his artists
by RJ…

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