Federal Judge Rules That Vermont Law School Can Cover Underground Railroad Murals Despite Artist's Objection

Following up on my previous posts (links below):  Bloomberg Law, Vermont Law School Thwarts Claim It Can’t Hide Slavery Murals:

Vermont Law School can permanently cover controversial murals depicting the Underground Railroad without violating an artists rights law, a Vermont federal court said.

Artist Samuel Kerson argued the school’s plans to hide his murals behind bolted-in acoustic sheetrock panels violated the Visual Artists Rights Act, which conditionally restrains parties from destroying or modifying works without artist permission.

But the law doesn’t cover hiding works, even though both parties agree it will be impossible to remove the panels without damaging the work, the U.S. District Court for the District of Vermont said.

Update:

• Art Net News, A District Court Rules That the Vermont Law School Can Conceal a Divisive Mural on Campus Without Violating the Artist’s Rights
• Law360, Vermont Law School Gets Go Ahead To Cover Slavery Murals
• Reuters, Vermont Law School Wins in Dispute With Artist Over Mural Students Called Racist
• Seven Days, Judge Rules in Favor of Vermont Law School in Mural Controversy
• VT Digger, Judge: Vermont Law School Can Cover Controversial Murals

Prior TaxProf Blog coverage: 

• Vermont Law School To Paint Over Mural Celebrating State's Role In The Underground Railroad And Abolitionist Movement Because Depiction Of Blacks 'Made Some People Uncomfortable' (July 11, 2020)
• Vermont Law School Gives Artist 90 Days To Remove 'Offensive' Mural (July 27, 2020)
• Artist Defends Mural Honoring Underground Railroad And Abolitionist Movement That Vermont Law School Plans To Paint Over Because Some Black Students Say It Is Racist (July 31, 2020)
• Artist Sues To Prevent Vermont Law School From Painting Over Underground Railroad Murals That Black Students Call Racist (Dec. 4, 2020)
• Vermont Law School Moves To Dismiss Lawsuit By Artist To Protect Underground Railroad Murals That Black Students Call Racist (Feb. 7, 2021)
• The Writing Is On The Wall For Vermont Law School's Underground Railroad Murals After Federal Judge’s Ruling (Mar. 13, 2021)
• Debate Continues Over Vermont Law School's Underground Railroad Murals That Black Students Call Racist (Sept. 6, 2021)
• Federal District Court Holds Hearing On Controversial Mural Today At Vermont Law School (Oct. 8, 2021)