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Case Summary
Kerson v. Vermont Law School
Kerson v. Vt. Law School, Inc., No. 20-cv-202 (D. Vt. 2021); Kerson v. Vt. Law School, Inc., No. 21-2904 (2d Cir. Aug. 18, 2023).
Précis
Samuel Kerson, a noted artist, found himself in court against Vermont Law School (“VLS”) over the removal of his Underground Railroad-inspired murals from their premises. Initially commissioned by VLS in 1993, the murals faced increasing scrutiny for their portrayal of African American characters in a caricature manner, leading to VLS wanting to remove the murals from its premises. VLS's plans to cover the murals in 2020 triggered a lawsuit, as Kerson argued this would violate the 1990 Visual Artists Rights Act (VARA), which protects an artist's moral rights to their work. The case delves into complex issues such as the definition of 'modification' under VARA, First Amendment rights, and …
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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