The artist behind the “Dallas Whaling Wall” mural which has been covered to make way for World Cup promotional materials is bringing a claim against FIFA following the alleged destruction of his mural.
The mural in question covers 17,000 square feet and eight stories of a building and has stood in downtown Dallas since 1999. The claim, filed in Texas, alleges that FIFA as well as the building’s owner and manager have caused the permanent destruction of the artwork by allowing the work to be painted over so that World Cup related promotional materials can be displayed. Wyland, the artist, was not given any notice nor was written consent (which he alleges is required) obtained before the mural’s destruction.
The claim is based on the Visual Artists Rights Act (“VARA”). This law grants artists in the US moral rights such as the ability to prevent the destruction of works of recognised stature. Additionally, VARA also contains provisions relating to artwork that has been incorporated into buildings where its removal would mutilate the work. Wyland has alleged that the mural possesses “recognised stature” and therefore enjoys protection against destruction under VARA on the basis that the mural has been present for more than 20 years, has cultural significance in Dallas and that there was a strong public reaction to the destruction of the work.
In a similar case, involving the whitewashing of a collection of graffiti murals in Queens New York known as “5Pointz”, a federal court found that the murals in question qualified for protection under VARA, despite the fact that they were painted on privately owned buildings. The graffiti artists were therefore awarded damages in the millions by the court.
In this case, Wyland is reportedly seeking more than 25 million dollars in damages. It will be interesting to see whether he is successful against FIFA.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
