Honolulu is peppered with murals that give otherwise bland walls a blast of vibrancy. Some reflect significant historical figures or island eras. Others range from edgy design and heartfelt commentary to cheerful whimsy.
The artwork on building sides and other large makeshift canvases tends to be temporary, sometimes fleeting. But a recent case involving the artist Wyland — a part-time North Shore resident recognized internationally for his “whaling wall” murals — serves as notice that federal protections are in place for artists seeking something longer than short-lived display.
Wyland invoked the federal Visual Artists Rights Act (VARA) as a defense in his efforts to get Hawaiian Airlines to back down on plans that he said would have illegally altered two murals that he painted in 1999 on the sides of the 14-story Airport Center building on Ualena Street, which Hawaiian Airlines owns.
VARA, which took effect in the early 1990s, can block a property owner from painting over a mural or altering a structure, such as a wall, that carries an artist’s work. The law, which protects “moral rights,” is similar to preservation legislation that recognizes society’s interest in preserving architectural treasures, for example, despite private ownership.
Wyland said he rejected Hawaiian Airlines’ offer of a “work-for-hire” contract for restoration work on the 35,000-square-foot murals because such an agreement could strip him of a moral right to prevent his artwork from being displayed in an altered, distorted or mutilated form. While VARA covers paintings, sculptures, drawings, prints and still photographs produced for exhibition, the law does not apply to works made for hire, or works not subject to general copyright protection.
Under a revised agreement reached last month, Wyland proceeded with the work. VARA’s protection of moral rights last for an artist’s lifetime, or in the case of collaborating artists, the lifetime of the last surviving artist.
Given the potential to create a lifetime lien on artwork-covered property, the key to successfully expanding the reach of murals in Hawaii and elsewhere hinges on securing clear agreements before any paint gets splashed on a wall.
Legal clarity beyond a handshake agreement serves artists and property owners as well as passersby who enjoy a lively street scene. In Kakaako, street art murals are now a tourist draw. There are more than 40 on various buildings, with the artwork changing annually during a festival week.
Another VARA-focused discussion was touched off in September 2013 when a public mural at the Hawai‘i Convention Center was shrouded. In that case, Paulette Kaanohiokalani Kaleikini and her family obtained permission from the Hawaii Tourism Authority to cover the “Forgotten Inheritance” mural by Hans Ladislaus, 16 years after the artwork was dedicated.
The abstract work of concrete, plaster and bronze incorporates a map of the island chain and various symbols, including images of bones strewn in sand in the far right edge of the panorama.
Kaleikini maintained that its depiction of iwi kupuna, or ancestral remains, was inappropriate. (Traditionally, Hawaiians believed the bones of their ancestors held spiritual power and kept them hidden from public view.) Ladislaus countered that the mural is intended to serve as a “reminder to all inhabitants of the islands to respect and care for the fragile ecosystem and traditions which have been placed in our hands.” The two-week dispute rightly ended with the uncovering of the mural and community lessons learned regarding artistic integrity and censorship.
VARA has yet to be tested in federal court in Hawaii. Conversations upfront about what could happen in the future to both affected buildings and artwork are needed to help keep our mural scene thriving — and artists and property owners out of the courtroom.