It’s the law link-o-rama

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Chip Thomas aka Jetsonorama mural in Bushwick.

Coincidentally, today’s links all revolve around the law…

  • It looks like Starbucks ripped off Maya Hayuk‘s work, and now she’s suing. You might be thinking, “Is Starbucks really ripping her off, or are there just some similarities? A coincidence isn’t impossible. Just try Googling ‘abstract geometric bright colors’ and see what pops up.” Except that ad agency 72andSunny contacted Hayuk to license her work for a Starbucks Frappuccino campaign, and she declined their offer. Now, work remarkably similar to Hayuk’s is appearing in Frappuccino ads worldwide. Plus, Hayuk cites specific paintings of her’s that the campaign rips off. So yes, clearly Starbucks and 72andSunny are in the wrong here morally. Legally speaking though, does she have a case? Wired has a great article on the uphill battle that Hayuk faces.
  • The Detroit police want to arrest Shepard Fairey for some wheatpastes that he allegedly put up back in May.
  • There is now a second 5Pointz lawsuit. This time, specific artists are suing the 5Pointz property owner for whitewashing their work. Now, we could argue whether or not those individual murals on 5Pointz qualify for protection under the Visual Artists Rights Act (an important question that this article covers in detail), but there’s a larger issue here: With this lawsuit, the artists are shooting themselves (and muralists in general) in the foot. I’m now disinclined to work with any of the artists in this lawsuit, and I suspect others will be too. I don’t want to tell a property owner, “Here’s a great artist who will paint a stunning mural for you, but if you ever remove the mural, they might sue you.” And if I’m a property owner and I hear about this lawsuit, I’m a lot less likely to put any murals on my property. VARA is an important law. It protects artists. But these artists aren’t using it responsibly, and that means consequences for all of us.
  • The Bushwick Daily has a must-read piece on the billboards that have begun to infest The Bushwick Collective. The neighborhood is transitioning from a mural hub to a new Times Square. It’s extremely lucrative for property owners, but detrimental to the surrounding artwork and the neighborhood vibe. So what are property owners to do? As Jordan Seiler notes, no reasonable property owner is going to turn down $24,000 per year to have a billboard on their wall, so the answer is regulation. If we, as a society, decide not to allow billboards in public space, or at least in certain neighborhoods, then those neighborhoods can have murals instead. Because of Little Italy’s status as a historic district, property owners cannot slap up billboards on every available surface. That’s part of why The L.I.S.A. Project NYC is able to get so many great walls. Maybe all of NYC, or at least Bushwick, should get the same protection.
  • Speaking of The Bushwick Collective, it’s nice to see them relaxing their unofficial rules barring political murals (where they can still get permission to paint). Chip Thomas aka Jetsonorama installed a stirring mural in Bushwick just in time for the 4th of July (shown above). The Huffington Post has the story behind the piece.

Photo by Chip Thomas