“In short, under the Second Circuit’s test, a work is of recognized stature when a community of art experts says it is.”

Very good piece by MKW's Dave Steiner on the 5Pointz decision. He finds the damages aspect of the case less interesting than I do and says "the primary significance of the case is that it establishes a test that is highly deferential to experts for when a work of visual art has achieved 'recognized stature' — and thus merits protection from destruction under [VARA]." He also offers some lessons for real estate owners, including "don't lie to the court."

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