5Pointz Ruling Explores 'Moral Rights' Copyright Damages

Law360 (March 28, 2018, 5:36 PM EDT) -- There are many remarkable and, rather peculiar, aspects of Cohen v. G&M Realty (or, the "5Pointz" litigation), a closely watched case for many in the copyright and art law communities. Cohen is one of the few cases to interpret the "recognized stature" provision of the Visual Artists Rights Act of 1990 ("VARA"), which prohibits the destruction of "a work of recognized stature" — including works that are incorporated in or made part of buildings.[1] In addition to the prohibition on destruction, VARA also provides that the author of a work of visual art shall have a right of attribution, or, the...

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