Recently a community member took it upon himself to “restore” a mural that had been badly tagged. He posted his project on social media asking for community participation and financial support. This sparked a community wide outcry of support for someone taking action when the City, who owns the mural, has not. Not only was the fact that this is an act of vandalism downplayed in this discussion, but even more disturbing, artist rights were never part of this debate. While amateur or emerging artists may not be familiar with the Visual Artists Rights Act of 1990 (VARA), professional artists live by it. VARA protects “an artist’s moral rights regarding his/her artwork – the right to correct attribution and the right of artistic integrity.” The artist receives full protection for as long as they live. In this case, the VARA rights under integrity state an artist has the right to “prevent any intentional modification of your work which would damage your honor or reputation” and has “the right to prevent any intentional or grossly negligent destruction of your work if it is of ‘recognized stature’”. Anthony Pennock, a renowned artist who painted the mural in collaboration with Joe Ireland (who has since passed away) is still protected by VARA, and he was understandably very upset by the “improvements” that the community member has made to his artwork. The City takes VARA rights very seriously; our contracts with artists include a clause that says we will do our due diligence to contact the artist first when repair work is needed on their artwork. That is why we requested that the community member cease painting over the mural, as in his enthusiasm, he appeared to have forgotten or ignored the fact that the mural he was painting over was someone else’s artwork. 
“La Llorona” mural by Anthony Pennock and Joe Ireland 
“La Llorona” mural after modifications by community member On a positive note, we are happy that the community values public art in the City and wants to see it repaired/restored when needed. Maintaining the City’s public art collection is a priority to the program and the Quality of Life department. We are currently assessing the collection to prioritize the artwork that needs the most attention first, while at the same time looking for the funding that is required. The Anthony Pennock mural was always a part of that assessment. As a result of this incident, the mural is now a restoration project rather than a repair. We will work with Mr. Pennock to bring his mural back to its original signature aesthetic that Mr. Pennock has worked his entire career to establish, which upholds his outstanding reputation as a professional artist. If you see tagging or graffiti on a public artwork, please report it by emailing[email protected]or calling 575/541-2780. You can also send a message via Facebook or Instagram @lcpublicart. 
