Can a Property Owner Remove or Paint Over a Mural? The Visual Artists Rights Act and Civil Code Section 987

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

Not always. Under the federal Visual Artists Rights Act, the artist who made a covered mural or sculpture keeps rights in it for life, even after selling it and even when someone else owns the wall. If the work can be removed intact, the building owner generally must give the artist written notice and 90 days to remove it. (17 U.S.C. §§ 106A, 113(d).) California Civil Code section 987 adds state rights. Kolmogorov Law, P.C. represents California property owners, developers, and commercial tenants in these disputes.

Call (909) 235-6116 or contact us online to discuss artwork on a building before a renovation or demolition is scheduled.

The artist's rights survive a sale of the art and of the building

The Act gives the author of a work of visual art two rights that concern a building owner. One is the right to prevent any intentional distortion, mutilation, or other modification of the work that would be prejudicial to the artist's honor or reputation. The other is the right to prevent destruction of a work of recognized stature. Intentional or grossly negligent destruction violates it. (17 U.S.C. § 106A(a)(3).)

These rights belong only to the artist. They cannot be transferred. Selling the physical work, or the copyright, does not waive them. For works created after the Act took effect, they last for the artist's life. (17 U.S.C. § 106A(b), (d), (e).) A buyer takes the building with the mural and with the artist's rights in it.

Which works are covered

A work of visual art is a painting, drawing, print, or sculpture that exists in a single copy or in a signed, numbered edition of 200 or fewer. The definition excludes posters, technical drawings, applied art, advertising and promotional material, merchandising items, and any work made for hire. (17 U.S.C. § 101.)

A wall painted as an advertisement, or by an employee as part of the job, may fall outside the Act.

The protection against destruction applies only to works of recognized stature. The Second Circuit, a federal appeals court outside California, has described such a work as one of high quality, status, or caliber that a relevant community, such as art historians and curators, has acknowledged. (Castillo v. G&M Realty L.P. (2d Cir. 2020) 950 F.3d 155, 166.) Its decisions do not bind courts in California. The same decision held that temporary works can qualify.

Two rules for art attached to a building

The Act treats a work that is part of a building in one of two ways. (17 U.S.C. § 113(d).)

If removing the work would destroy or damage it, the artist's rights apply unless the artist consented to that risk. For a work installed after the Act took effect, the consent must be a written instrument signed by the building owner and the artist. It must say that installation may subject the work to destruction or other modification by reason of its removal.

If the work can be removed without that harm, the artist's rights do not apply if the owner made a diligent, good faith attempt to notify the artist and did not succeed. They also do not apply if the owner gave written notice and the artist did not remove the work, or pay for its removal, within 90 days after receiving it.

An owner is presumed to have made a diligent attempt if it sent notice by registered mail to the artist's most recent address recorded with the Register of Copyrights.

California Civil Code section 987

California's statute protects fine art, meaning an original painting, sculpture, drawing, or work in glass of recognized quality. It excludes work prepared under a work-for-hire contract for the purchaser's use in advertising, magazines, newspapers, or other print and electronic media. No one but the artist who created the work, and owns and possesses it, may intentionally deface, mutilate, alter, or destroy it. (Civ. Code, § 987, subds. (b)(2), (b)(7), (c)(1).)

For art in buildings, the state rule differs. If the work cannot be removed without substantial damage, the state rights, except authorship rights, are deemed waived unless they were reserved in a recorded instrument, signed by the building's owner, that contains a legal description of the property. If the work can be removed without substantial harm, the rights apply unless one of two things happened. The owner diligently tried without success to notify the artist in writing, or the owner gave notice and the artist did not remove the work or pay for its removal within 90 days. If the artist has died, notice goes to an heir, beneficiary, devisee, or personal representative. (Civ. Code, § 987, subd. (h).) The rights last until the 50th anniversary of the artist's death. (Civ. Code, § 987, subd. (g)(1).)

For works the federal Act covers, rights equivalent to those it grants are governed exclusively by federal law. State rights that are not equivalent, and state rights that extend beyond the artist's life, are not annulled. (17 U.S.C. § 301(f).)

What is at stake

A violation of the federal rights is treated as infringement. (17 U.S.C. § 501(a).) The artist may recover actual damages, or statutory damages, ordinarily $750 to $30,000 per work, and up to $150,000 per work for a willful violation. (17 U.S.C. § 504(c).) Registration of the work is not a condition of these claims. (17 U.S.C. §§ 411(a), 412.)

In that Second Circuit decision, a building owner whitewashed aerosol works without giving the 90-day notice. The court affirmed an award of $150,000 for each of 45 works, $6.75 million in all, and upheld the finding of willfulness.

Under the California statute an artist may seek an injunction, actual and punitive damages, and attorney's and expert witness fees. Any punitive damages go to an arts organization the court selects. The action must be brought within three years of the act or one year after its discovery, whichever is longer. (Civ. Code, § 987, subds. (e), (i).)

Before the renovation: steps for the owner

Find out who made the work and how it got there.
Decide whether the work can be removed intact.
Look for a waiver. It must be a writing signed by the artist that identifies the work and the uses it covers. (17 U.S.C. § 106A(e)(1).)
If the work is removable, send written notice by registered mail to the address on file with the Copyright Office and to any other address you can find. Count 90 days from receipt.
Do not paint over, cover, or cut into the work while the period runs.

A tenant that commissioned a mural, or that wants one gone, should start with the alteration and surrender clauses discussed in our guide to commercial lease disputes. A buyer should ask about wall art during diligence. See our page on buying commercial property.

What to bring to the first meeting

Photographs of the work and its location on the building.
The artist's name and any contact information.
Any commission agreement, waiver, lease clause, or recorded instrument that mentions the work.

Frequently asked questions

We bought a building with a mural on the wall and plan to renovate. Do we need the artist's permission to remove it?

Not necessarily permission, but usually notice. Suppose the mural is a covered work of visual art and can be removed intact. Federal law then lets a California owner proceed if a diligent, good faith attempt to notify the artist fails. Written notice followed by 90 days without action by the artist also suffices. If removal would destroy the work, look for a signed waiver first.

What is the Visual Artists Rights Act?

It is a federal law, codified mainly at 17 U.S.C. § 106A, that gives the author of a painting, drawing, print, sculpture, or exhibition photograph rights of attribution and integrity. The integrity right lets the artist prevent harmful modification of the work and destruction of a work of recognized stature. California property owners meet it when art is attached to a building.

Can I paint over a mural on my own building?

Under 17 U.S.C. § 106A, intentionally destroying a mural of recognized stature, or modifying one in a way that harms the artist's reputation, can violate the artist's rights. A California owner should first check whether the work is covered, whether a waiver exists, and whether the 90-day notice procedure is available.

The artist who painted our mural cannot be found. What do we have to do before we take it down?

For a work that can be removed without damage, federal law protects a California owner who made a diligent, good faith attempt to notify the artist without success. Sending notice by registered mail to the artist's most recent address recorded with the Register of Copyrights creates a presumption of diligence.

Does graffiti or street art have legal protection?

It can. The Second Circuit, a federal appeals court whose decisions do not bind California courts, held that temporary aerosol works on a building may be works of recognized stature under the Visual Artists Rights Act. The art in that case was painted at the building owner's invitation. Whether a piece on a California building qualifies depends on the statutory definition and the recognition it has received.

Talk to a California real estate litigation attorney

If artwork stands between your company and a renovation, a sale, or a lease, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located in Irvine, California. See also our real estate litigation and intellectual property litigation pages.

This page provides general information about federal and California law and is not legal advice. Outcomes depend on the artwork, the documents, the facts, and the court.