Q: I have received a Cease & Desist notice from a lawyer representing a street artist.
I have received a Cease & Desist notice from a lawyer representing a street artist who's work was spray-painted onto the wall of a street we had a permit to film on in NYC. He claims we did not seek permission to film this artwork even though we had a permit to film there. Any information on the policy here would be very helpful. I am just the individual in charge of editing the video, not the actual production company.
A: That sounds like a valid basis for a cease and desist notice as it might constitute copyright violation. In the same way you'd have to obtain releases from identifiable persons or businesses, you'd have to do the same re: artwork. There might be possible defenses to assert during negotiations (e.g., public space, lack of identifiable authorship information, unidentifiable artwork in the film, etc.). The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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