ArticlesVolume 41, No. 4 (2018)

Moral Rights: The Anti-Rebellion Graffiti Heritage of 5Pointz

Richard Chused

Professor of Law, New York Law School

Abstract

This essay proceeds in four sections.  The journey begins with the site’s story.  The first three sections explore in detail the history and development of 5Pointz and the contours of the moral rights litigation, which demolition of the buildings provoked.  That is followed by a detailed review of the unsuccessful effort of the artists to obtain injunctive relief barring destruction of 5Pointz and an appraisal of the damages trial that occurred after the demolition.  The final section presents a first effort to work through the propriety of various limitations on moral rights in the United States that affect graffiti and the best way to balance the interests of artists and building owners in the quickly changing world of street art.