Murals and the law
An intellectual property lawyer clarifies mural law.
Link to video about mural law.
I just found this excellent video provided by California Lawyers for the Arts. With 50+ years experience as a professional artist, I can say that MJ Bogatin’s review has terrific value. I’ve had three lawsuits against clients who violated VARA. It’s not that I want to sue my clients, but we must stand up for ourselves.
Kent Twitchell was the LA muralist whose The Freeway Lady (1974) resulted in VARA.
I’ve talked about how Twitchell’s Steve McQueen mural, 1971, influenced me deeply by the time I’d graduated from UCLA in 1977, and had decided to “be” a muralist. I called myself a muralist because there were so few on the west side of LA at that time. Kent is a generous man: I’ve known him on and off since painting a mural of him painting a mural of City Hall for the City of Los Angeles.
In the video, MJ Bogatin addresses “moral rights,” upon which I based my suits. I was represented by another Sacramento lawyer. CA rights passed the moral portion in the late 70s. But it’s only been in the last few years that artists’ rights have been clarified, including exceptions like natural deterioration. I’ve lost many murals due to this.
I’m listening to this closely right now. The Regional Transit mural on N St is one current example for me. I believe they have a moral right to pay me to refresh the mural. I contacted them several years ago, but was met with budget woes. I guess I should contact Mr. Bogatin. The other example is the set of sculptures at Fremont Park, which the City Arts Commission has failed to maintain and clean, despite that being included in my original contract. Again, I’ve not aggressively pursued this as they do make a bit of an effort. The Crocker Museum mural is another that may need attention soon.
Finally, while all this discussion of contracts is helpful, I’ve built my practice upon personal relationships with my clients, even global clients like Disney. Now, however, murals are big business, and I can say that I’m glad I’ve had my career when I did. I’d hate to have to make a living traveling ceaselessly like an itinerate worker to create murals for locations to which I have no real connection.