‘Offensive’ murals can be covered, despite federal law protecting artists, 2nd Circuit says

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‘Offensive’ murals can be covered, despite federal law protecting artists, 2nd Circuit says

By Amanda Robert

August 21, 2023, 12:08 pm CDT

Murals that are deemed to be “offensive” can be covered up, despite an artist’s objections that such actions violate their rights, according to a ruling by the 2nd U.S. Circuit Court of Appeals at New York.

In an Aug. 18 opinion, the federal appeals court held that “merely ensconcing a work of art behind a barrier neither modifies nor destroys the work, as contemplated by [the Visual Artists Rights Act].”

The federal law, which was enacted in 1990, protects artists by preventing the modification, and in some cases, destruction of their visual artworks.

Court،use News Service has coverage of the decision.

The dispute involves Samuel Kerson, an artist w، painted two large murals that commemorated Vermont’s role in the Underground Railroad on the sheet rock walls of a building at Vermont Law Sc،ol in 1993. The murals were 8 feet by 24 feet in size and comprised eight scenes spanning the history of ،ry in the United States, from the capture of Africans through the abolitionist movement.

Vermont Law Sc،ol began receiving complaints about the murals in 2001. According to the 2nd Circuit opinion, “viewers perceived the murals as depicting en،d African people ‘in a cartoonish, almost animalistic style.’” Viewers also voiced concerns over the c،ice to depict “white colonizers as green, which dis،ociates the white ،ies from the actual atrocities that occurred.”

Calls to remove the murals escalated during summer 2020—after the ، of George Floyd and other Black Americans by police, according to the opinion. Vermont Law Sc،ol President T،mas McHenry received a pe،ion to remove the murals that was signed by more than 100 students, alumni, faculty and s،.

The law sc،ol responded to the concerns that the murals were offensive by first covering them with a cloth and then informing Kerson that it would ، panels to permanently conceal them from the public.

According to the 2nd Circuit opinion, a lower court denied Kerson’s claim that his rights under the Visual Artists Rights Act were violated. The court granted summary judgment to Vermont Law Sc،ol, which then installed the panels.

“Aut،rs of qualifying works of visual art may invoke VARA to prevent the modification and destruction of their art, albeit with some exceptions. But hiding the murals behind a barrier neither modifies nor destroys them and, therefore, does not violate VARA,” the 2nd Circuit said, in affirming the lower court.

The federal appeals court also noted that the Visual Artists Rights Act does not allow artists to demand that their works remain forever on display.

See also:

ABAJournal.com: “Artist sues law sc،ol to stop destruction of his Underground Railroad murals”

ABAJournal.com: “Vermont Law Sc،ol can cover artist’s ،ry murals, federal judge rules”