A federal judge in South Carolina awarded artist Todd Atkinson $158,400 in a copyright infringement case against artist Chan Shepherd and the building owner, Justin L. McFalls. Atkinson painted a mural of a train and water tank on a building in Clover, S.C., in 1982, and registered its copyright in 2023. After McFalls purchased the building, he hired Shepherd to paint a similar version over the original, removing Atkinson’s signature and adding Shepherd’s own. The court found violations of the Visual Artists Rights Act (VARA), awarding $150,000 in statutory damages and $8,400 in actual damages.
The case matters because it underscores the protections VARA provides for public artworks, including the right of attribution and protection against mutilation, even when a work is on private property. The maximum statutory damages award signals strong judicial support for artists’ moral rights, and the ruling serves as a warning to property owners and developers who alter or destroy original murals without permission. It also highlights that many artists may not be fully aware of their rights under VARA beyond basic copyright.