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Town Gets Waiver From Uptown Mural Artist, Claims It Covers 'Joint Work'

Uptown Mural
Staff
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WGLT
The 13 artists sued the Town of Normal and developer Bush Construction in April, in hopes of stopping the mural’s destruction when Bush’s $30 million Trail East project is built. ";s:

UPDATED 3:40 p.m. | The Town of Normal says it has obtained a release and waiver from one of the Uptown mural artists—a potentially significant development in the lawsuit over the public artwork.

In a new court filing, the town’s attorneys say the one artist’s waiver also applies to all of the other artists involved, because the mural is a “joint work.” The town cites federal copyright law for joint work, which says “a waiver of rights … made by one such author waives such rights for all such authors.”

“As such, because the mural is a joint work … the (Visual Artists Rights Act) rights of all the other artists, including plaintiffs’, have been extinguished, released, and waived,” wrote Town of Normal attorneys Brian Day and Gregory Smith.

The identity of the artist who waived his or her rights is unknown. Thirteen of the artists who created the mural in 2011 are plaintiffs in the lawsuit, claiming copyright law protects their work from being destroyed without their consent. WGLT has identified at least six other mural artists who are not part of the lawsuit.

Attorney Bill McGrath, who represents the 13 artists who are plaintiffs, said he doesn’t know who it is. He said it’s not one of his plaintiffs.

When asked the identity of the artist, Day told WGLT: "They are not a plaintiff."

Trying To Reach Settlement

Tuesday’s filing is the latest in a monthslong legal dispute over the fate of the mural. The 13 artists sued the Town of Normal and developer Bush Construction in April, in hopes of stopping the mural’s destruction when Bush’s $30 million Trail East project is built. The town now says it plans to move—not destroy—the mural. That will cost around $100,000.

Both sides had a settlement conference with a federal magistrate judge June 27, but it did not result in a settlement. Their next meeting with the judge is Aug. 2.

The mural has become a symbol in a larger debate about the Trail East project. Normal officials tout the potential economic benefits of the project, which will bring more professionals into Uptown during the workweek. Critics say the town is offering too much in tax breaks to Bush. Others say Uptown Normal will lose some of its history and charm if three Beaufort Street buildings are demolished to make room for Trail East.

"We have not yet reached any settlement in the litigation," Day told WGLT on Wednesday. "While we remain open to the opportunity for settlement, it’s in the community’s interest to move forward with a development that will bring jobs, revenue, and increased opportunity to the citizens of the Town of Normal."

It’s unclear when Trail East construction will begin. In May the town said demolition was scheduled to begin in July at the earliest, but that was not set in stone.

In a statement Wednesday, Day said the town "intends to go forward with its plans to move the mural."

"We are discussing the timing and specifics of the move with (Bush) and specialists," Day said in an email. "We are also pursuing avenues to recoup the costs of that relocation from other responsible parties.

"We believe that the law is on our side in this case," he added. "If this lawsuit continues, we expect to win it."

It’s unknown where the mural will be moved long-term. McGrath said his clients want assurances it won’t be put in storage, hidden from public view.

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Ryan Denham is the digital content director for WGLT.
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