The artist whose mural in Dallas of whales was painted over last month ahead of the World Cup filed a lawsuit on Monday that seeks $25 million in damages and claims the changes to his artwork violated federal law.
The artist, Wyland, who goes by his last name, filed the suit against FIFA as well as 3PZ Property Company and Slate, the companies that own and operate the property and building where his mural was painted over.
The mural, “Ocean Life,” was one of 103 painted by Wyland around the world in an effort to raise awareness about marine life and ocean conservation.
In May, most of the Dallas mural was covered in blue paint ahead of the World Cup to make space for a new project to celebrate the soccer tournament’s coming to Arlington, Texas, where nine matches will be played.
The lawsuit, which was filed in the U.S. District Court for the Northern District of Texas, claims that by painting over “Ocean Life,” FIFA, 3PZ Property and Slate violated the Visual Artists Rights Act of 1990, which gives artists the right to claim authorship of their work when it is publicly displayed.
Wyland’s mural spanned two sides of a building in downtown Dallas, reaching 82 feet high and 164 feet long on its widest side, and was a fixture in the area for nearly three decades.
“Without seeking Wyland’s consent, Defendants collectively caused the Dallas Whaling Wall Mural to be intentionally painted over and permanently destroyed,” the lawsuit claimed. “No one obtained a written waiver or consent from Wyland as required under federal law.”
Ire and confusion spread in May, particularly on Reddit, when the mural began being painted over by crews on fork lifts. Rumors spread that “Ocean Life” would give way to a World Cup advertisement, and it was unclear who had permitted the mural to be painted over.
Slate and 3PZ Property Company did not immediately respond to requests for comment.
“The people of Dallas lived with this mural,” Wyland said in a statement. “They drove past it, photographed it, remembered it, and made it part of the city’s identity. Standing up for that is a responsibility.”
Andrea Perez, a lawyer representing Wyland, said that the lawsuit is “about drawing a line so that artists, communities, and property owners take these works seriously before they are gone.”
FIFA said in an email that it “has no involvement in this whatsoever,” and referred questions to the North Texas FIFA World Cup Organizing Committee.
In May, Wyland filed a cease-and-desist letter — which was sent to the 3PZ Property Company, FIFA, the city of Dallas and the North Texas FIFA World Cup Organizing Committee — to stop the rest of the mural from being erased.
Luke Nikas, a lawyer based in New York who is not involved in the case, said that Wyland’s strongest argument is that his mural was in a visible place and that it had cultural significance.
“The building owner’s strongest defense will likely depend on whether there were preexisting agreements permitting the alteration or removal of the work,” Mr. Nikas said. “If no such agreements exist, Wyland appears to have a real chance of success — although the claimed damages will face substantial scrutiny.”
Most of the main side of the mural has already been painted over except for a corner on the upper right side. A smaller adjacent wall of the mural has been left untouched.
The North Texas FIFA World Cup Organizing Committee, which helped shepherd the new project, said in May that the smaller part of the mural would be kept.
The Organizing Committee declined to comment on the lawsuit on Tuesday. It was unclear whether plans were still in place to go forward with the new project on the wall
The city of Dallas Office of Arts and Culture, which also played a role in the new project, did not respond to a request for comment.
“In their zeal to capitalize on the international attention on Dallas during the FIFA World Cup,” the lawsuit said, the “Defendants hastily and irrevocably destroyed a civic landmark.”
On Tuesday morning, what was left of the mural had not changed since it was first painted over. Large fork lifts that had been parked beside the mural a couple of weeks ago were no longer there.