You may be using your creative talents to do something illegal, but you may have legal rights arising out of that illegal activity

The recent 5 Pointz copyright case in the United States resulted in a judge awarding 21 artists a total of $6.7 million in damages. This award represented the maximum award possible of $150,000 per work of art for each of the 45 works of art recognized by the judge on the building. The 5 Pointz building in Queens, New York had been home to many artists’ studios for over 20 years, and the exterior of the building was covered in iconic murals. The building was demolished by developer Jerry Wolkoff in 2014 over protests from the artists as well as many other supporters. The Judge in this case noted that had the demolition been delayed and permits been granted in the ordinary course, his decision may have been different. In particular, Mr. Wolkoff painted over all of the murals on the building almost a full year before he was able to secure the permits and demolish the building.

This case is very unusual in that it involves a judge ordering the owner of a building to pay damages to the artists who painted graffiti on the exterior of his building. It is an interesting situation where rights can arise from illegal activity, although the 5 Pointz artists did have permission from the developer to paint murals on the exterior of the building. Although graffiti done without permission is not legal, there may be instances where legal rights arise out of such illegal activity. There are likely to be more cases involving street art in both the United States and Canada in the future, and so it is important for both artists and land owners to understand their legal rights and obligations.