A federal judge Thursday dismissed a lawsuit brought by an artist against the Chinese American Museum and the city of Los Angeles that alleged the museum destroyed his work without his knowledge or permission.
David Lew -- known professionally as Shark Toof -- sued in Los Angeles federal court in December 2020 under the Visual Artists Rights Act, alleging that the work he created for the museum's courtyard was removed and thrown away by a city maintenance crew without warning to the artist.
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Lew sought damages under VARA, a federal copyright-related law partly designed to prevent the destruction of work of "recognized stature."
U.S. District Judge Dean Pregerson ordered the dismissal of the suit and all claims with prejudice -- meaning permanently. Attorneys filed notice of a confidential settlement in December.
Lew was one of the artists contributing to "Don't Believe the Hype: L.A. Asian Americans in Hip-Hop," an exhibition that was on view from May to December 2018 at the city-owned museum near the El Pueblo de Los Angeles Historical Monument.
Lew contributed 88 hand-painted burlap sacks, which were hung in the Chinese American Museum's courtyard as a commentary on the history of Chinese immigrants employed in the laundry business.
The defendants alleged the tote bags were hung as courtyard decor meant to be sold for $88 apiece after the show's run and were not protected by federal law since they were not works of "visual art," but "gift shop items."
The city argued that Lew's work was "merchandise," not copyright- registered pieces of art -- and "a copyright registration granted by the Copyright Office is a pre-requisite" to filing a lawsuit under VARA.
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