5Pointz after being covered in whitewash. 5Pointz after being covered in whitewash.

A federal appeals court judge said Friday that a reference to Claude Monet in an opinion earlier this week had been widely misconstrued as a take-down of the esteemed French painter's work.

The comments, from Judge Barrington D. Parker Jr. of the U.S. Court of Appeals for the Second Circuit, addressed a brief passage in the court's ruling from Thursday, which upheld a $6.75 million judgment in favor of graffiti artists whose work at Long Island City's 5Pointz complex had been whitewashed amid a dispute with a real estate developer.

Parker had used Monet as an example to illustrate the central question of what types of artwork should qualify for "recognized stature" under a federal law that shields certain works from being destroyed without the artists' permission.

"Since recognized stature is necessarily a fluid concept, we can conceive of circumstances under which, for example, a 'poor' work by a highly regarded artist—e.g., anything by Monet—nonetheless merits protection from destruction under VARA," Parker wrote in the 32-page decision.

The remark was read by many as a dig at the popular French impressionist painter Monet, who created some of the most iconic examples of the movement. The court on Friday posted an amended opinion that omitted the reference on page 14.

In an interview with the New York Law Journal, Parker said that the panel meant only to suggest that lesser-quality works by excellent artists like Monet would still likely achieve "recognized stature" under the court's approach.

Parker, who professed a great appreciation for the arts, clarified that Monet is an "absolutely great artist," and said it was best to delete the reference, which was incorrectly seen as a criticism of Monet.

"I love Monet, and I'm very heartbroken that I was misunderstood," he said. "It was easier to just change it."

 

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