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Anyone keeping up with the Whale Mural in Dallas

1,086 Views | 8 Replies | Last: 11 days ago by fc2112
nai06
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AG
The longtime whale mural in downtown Dallas (officially known as WW 82* "Ocean Life") was painted over last month in preparation for a FIFA World Cup related ad/mural. Right now the wall is just solid blue due to a cease and desist.

Original and current condition


The artist who painted the wall, Robert Wyland has now sued FIFA, and the property owner/manager for $25 million under the Visual Artists Rights Act. As I understand it, when an artist creates something for public display they retain the right of attribution and integrity. These are different than ownership or even copyright and are nontransferable. As a result a public work of art cannot be altered or destroyed without the notification and permission.

Wyland is claiming that he was not notified and did not give permission for his work to be painted over, hence the lawsuit.


I gotta say it seems pretty ****ty of the property owner to just paint over this like that. If anything I would think it would have been cheaper just to hang a temporary banner over the side of the wall. It will be interesting to see how this plays out.

https://www.cbsnews.com/texas/news/artist-sues-25-million-dallas-whale-mural-painted-over-world-cup/


powerbelly
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It's a ****ty situation. That wall was covered with an ad for about a decade. Seems like a bunch of people ****ed up.
East Dallas Ag
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It's a real shame what they did to Gordon Keith's masterpiece.
Naveronski
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That's really ****ty. His murals are beautiful - much moreso than a stupid ****ing fifa advertisement.

I didn't love the ad that was covering it previously, but at least it was still there under it.
MGS
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So a property owner no longer has a right to do what they want to do with their own building? Seems pretty ****ty that some "artist" can hold a valuable piece of property hostage.
Naveronski
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MGS said:

So a property owner no longer has a right to do what they want to do with their own building? Seems pretty ****ty that some "artist" can hold a valuable piece of property hostage.

Why the quotes around artist? Are you having trouble with the meaning?
Stymied
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Quote or no quote around the word, why can't the owner of the building and the owner of said art do what they want with it?
nai06
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Stymied said:

Quote or no quote around the word, why can't the owner of the building and the owner of said art do what they want with it?


The law (VARA) covers a pretty specific and narrow group of art. I think it's best to think of it more like a deed restriction that both the proper owner and artist agree to. The purpose is to protect works of art made for public consumption by notable artists. Your average person tagging a wall with graffiti isn't going to qualify for protection.

In this case, it appears the property owner at the time the work was installed was aware of the law and agreed to have it painted. He could have negotiated out of it or commissioned the work to avoid the restrictions but chose not to.
fc2112
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I find this whole thing fascinating. Never heard of this law concerning public art.

If this wall was covered, would not the new owner of the building have to be made aware of it when he purchased the building? I know for most property, if there are any kinds of restrictions on its use, those are made abundantly clear when purchasing said property.

FIFA probably offered the owner $5,000 to put the mural there and he said "sure, whatever".

EDIT - news article says property owner was not compensated. Not sure I believe him. Property owner also claims he was told artist had been coordinated with.
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