In a riveting turn of events, Vermont Law School scored a victory in the Second Circuit on Friday, when the court decided that the school’s choice to screen a provocative mural depicting Vermont’s connection with the Underground Railroad didn’t amount to the mural’s annihilation.
This decision echoes an earlier summary judgment favoring the school against the muralist, Samuel Kerson, who sought redress under the 1990 Visual Artists Rights Act (VARA). VARA, a beacon for visual artists, grants them the power to litigate over the modification or destruction of their creations.
However, the three-judge panel adeptly clarified, “Just because an artwork is hidden behind a veil, it doesn’t equate to its modification or destruction as envisaged by VARA.”
Kerson’s Arguments: From Destruction to Reputation Damage
In a compelling appeal, Kerson equated the permanent concealment of his mural, majestically painted onto the community center’s wall at the school, to its destruction.
Drawing from VARA, which enshrines moral rights, he insisted on an artist’s prerogative both to be recognized for their work and to see it retained in its original form post-sale or licensing.
