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5Pointz Decision

By Barry Werbin

Yesterday's decision by Judge Block (51 pages plus images of all the art) awarded the 5Pointz aerosol artists maximum statutory damages of $150,000 for all 45 works in issue. Judge Block was clearly perturbed by developer Gerald Wolkoff's attitude, emphasizing: "If not for Wolkoff's insolence, these damages would not have been assessed."

It will be interesting to see how this fares before the Second Circuit, which has never ruled on a VARA case substantively as to the test and required evidence for a "recognized work", and of course on damages.

gov.uscourts.nyed.370997.69.0.pdf

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This page contains a single entry from the blog posted on February 13, 2018 10:08 PM.

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