COLUMBIA, S.C. — A federal judge in the South Carolina District Court has issued a final judgment awarding $158,400 to artist Todd Atkinson after another artist destroyed and “rebranded” his iconic 1982 mural.
The case, Atkinson v. Shepherd, involved the mural titled Water Tank, which was commissioned in June 1982 for a building located at 111 N. Main Street in Clover, S.C. Atkinson had retained all rights to the work, which depicted a historic water tank and train—a recognized symbol of the town’s founding.
The Violation: “Obliterating” an Artist’s Identity
In September 2023, the property owners hired defendant Chan Shepherd to re-paint the mural. Instead of a new original work, Shepherd created a nearly identical copy that “obliterated” Atkinson’s name and replaced it with his own signature.
Before filing the lawsuit, Atkinson attempted to have his authorship restored, but one of the property owners reportedly responded by telling him to “get out of here with that mess,” claiming the new work was not a copy and that Atkinson had no valid copyright.
The Judgment: Maximum Penalties for Willful Conduct
U.S. District Judge Sherri A. Lydon found Shepherd liable for both copyright infringement and violations of the Visual Artists Rights Act (VARA). Because Shepherd failed to appear in court, a default judgment was entered.
The final award included:
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$8,400 in Actual Damages: Based on a professional appraisal of the mural’s retail replacement value.
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$150,000 in Statutory Damages: The maximum penalty allowed by law for willful VARA violations.
The court emphasized that Shepherd’s actions were willful, noting that as a fellow artist, he intentionally removed Atkinson’s attribution. Judge Lydon ruled that the maximum penalty was necessary to provide “strong deterrence” against such abuses of artists’ moral rights.
Case Termination
The court also ordered post-judgment interest at a rate of 3.48%. The case, originally filed in March 2024, was officially terminated and closed on January 6, 2026.
Court Documents
https://tegacaysun.com/wp-content/uploads/2026/01/complaint.pdf
https://tegacaysun.com/wp-content/uploads/2026/01/judgment.pdf
https://tegacaysun.com/wp-content/uploads/2026/01/order.pdf
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