Artistic Integrity Upheld: A Landmark Copyright Victory
South Carolina Artist Secures Significant Award in Mural Copyright Case
In a notable legal development, a United States District Court in South Carolina has ruled in favor of local artist Todd Atkinson, granting him $158,400 in damages. This verdict stems from a copyright infringement dispute involving Atkinson's mural, which was controversially painted over by fellow artist Chan Shepherd on a building owned by Justin L. McFalls.
The Genesis of the Mural and its Legal Protection
Atkinson's original artwork, a depiction of a train and a water tank with the inscription “Water Tank” on a red banner, was created in the summer of 1982 on a building in Clover, S.C. The building, situated at 111 N. Main Street, previously housed a bar bearing the same name. Atkinson took formal steps to protect his creation, obtaining a copyright certificate on December 11, 2023, which was officially granted on March 7, 2024.
The Disputed Act: Painting Over and False Attribution
The core of the lawsuit revolved around allegations that McFalls commissioned Chan Shepherd to create a new mural, a similar rendition of Atkinson's work, directly over the original. Atkinson's legal representative, Alex Long, articulated in an October 12, 2023, letter that Shepherd not only obliterated Atkinson's signature but also replaced it with his own, constituting a clear violation of Atkinson's rights.
The Visual Artists Rights Act (VARA) at the Forefront
Long underscored that McFalls's actions contravened Atkinson's right of attribution, as protected by the Visual Artists Rights Act (VARA). Enacted in 1990, VARA is a federal statute designed to safeguard the copyright of artists' public works, including murals and sculptures, throughout their lifetime. It also protects against the mutilation or distortion of such works.
Artists' Awareness of Copyright and Attribution Rights
Long emphasized the general lack of awareness among artists regarding their full spectrum of rights under copyright law. While many understand they automatically own the copyright to their creations, the specific protections offered by VARA, particularly concerning attribution and the prevention of artistic alteration, often go unrecognized. False attribution was a pivotal element in Atkinson's successful claim.
Legal Proceedings and the Court's Decision
Court records revealed a social media exchange where McFalls dismissed accusations of infringement, asserting that Atkinson lacked a valid copyright at the time and that the new mural was sufficiently distinct. Despite this, the court ultimately awarded Atkinson $150,000 in statutory damages, the maximum allowed under VARA, along with an additional $8,400 in actual damages. Atkinson and Reardon McFalls Enterprises, LLC, the building's developer, reached an out-of-court settlement. Shepherd, the co-defendant, neither responded to the lawsuit nor sought legal representation.