But nearly seven years after the mural’s creation, Milbrand faces criticism for sending invoices to businesses and institutions requesting sums from $5,000 to $180,000 for alleged copyright infringement. In two of these letters and invoices shared with The Buffalo News, Milbrand includes screenshots that show images of his murals used in businesses’ marketing, promotional and branding materials without attribution to the artist.

If organizations do not meet the asking price within 10 days, the documents read, the invoice offer is moot and Milbrand writes that he will contact his attorney. Because Greetings from Buffalo is protected by federal copyright – a copy of which he also includes in the letter – Milbrand could through U.S. Copyright Law pursue up to $30,000 for each infringement and $150,000 for each if he can prove his work was intentionally reproduced for profit. 

The News has confirmed that since 2021, Roswell Park, the University at Buffalo, 43North, Welcome 716 and Buffalo Bike Tours have all received invoices from Milbrand alleging copyright infringement. The invoice sent to UB asked for $180,000, confirmed university spokesperson John Della Contrada, who said UB removed the images immediately from its website and photo archives. The university had no further comment due to ongoing litigation, he said. Milbrand is a 2003 UB graduate, according to the school’s website.

Greetings from Buffalo has “become the go-to place for tourists and residents alike who are looking for the perfect selfie to show off their Buffalove,” reads a blurb on the artist’s website. Milbrand said Tuesday that copyrighting protects his artistic rights while emphasizing the community value of his work. 

“Beyond my own art, I want to inspire other Buffalo-based artists and artists across the country how to value themselves, how to respect themselves, and most importantly, how to protect their work as working professionals,” Milbrand said in a statement. “Copyrighting every single mural design is necessary if you want to be a professional artist.”

Some of the targets of Milbrand’s invoices – and even some who originally supported his endeavor – have spoken against the method the artist employs and the funds he demands to protect his copyright.

“This was meant to be a city beautification project,” said Jason Rothschild, vice president for Signature Development, which owns the building adorned with the Greetings from Buffalo mural. “We offered that wall up free of charge to the artist.” 

Rothschild said he is weighing options on the future of the mural.

“It’s antithetical to the idea of community,” said Marc Moscato, owner of Buffalo Bike Tours and a target of Milbrand’s invoicing.

Two small businesses impacted

Moscato, who describes his bike tour business as a “side hustle,” said he never corresponded with Milbrand before receiving a letter from Casey Milbrand Design Inc. last Monday.

The letter included five screenshots from Moscato’s business website, BuffaloBikeTours.com, a few of which showed bicycle riders posing in front of the Greetings from Buffalo mural, including one with a “Book Now” link for his guided history tour. Moscato said he did not know Milbrand’s artwork was copyrighted.

The invoice attached to the letter requested $5,000. Moscato said Wednesday that the amount is greater than his tours’ total revenue from last year, and that the image of the riders in front of Milbrand’s mural represents a “Kodak moment” from one of about a dozen stops along the history tour. Moscato said he has removed the images from his website and no longer plans to stop at Milbrand’s mural on the tour.

“It’s bizarre behavior,” said Moscato of Milbrand’s approach. “It’s not how I’d conduct myself or my business.”

Moscato said he holds a master’s degree in arts administration and stressed that he believes artists should be fairly compensated for their work. He wished Milbrand would have called him or even sent a cease-and-desist order to give Moscato a chance to remedy the situation by means other than paying $5,000. 

“That more than anything else is the upsetting thing,” Moscato said.

After he posted from his personal Facebook account asking for advice on how to respond to the invoice, Moscato said he received an email from Stuart B. Shapiro, Milbrand’s attorney, threatening a defamation suit.

Justin DeLuca, president of Welcome 716, which produces a hotel guide and website, confirmed his business was billed by Milbrand for $80,000 on Dec. 3. The invoice alleged Welcome 716 used the artist’s murals in promotions and advertising. DeLuca declined to speak in detail about the situation, but he said the issue represents a significant burden to his business.

Neither Moscato nor DeLuca said they received a cease-and-desist order prior to being invoiced.

Asked how he would respond to angry business representatives to whom he has alleged copyright infringement, Milbrand pointed to his growth as a professional artist.

“As an artist you must become an expert on things you never dreamed of,” he said. “Copyrighting, licensing, contract negotiations, project management, proposal writing and project fundraising are all new skills that I learned from teaching myself how to run my own art business. My mural designs have raised thousands of dollars for the community beyond the painting of my murals.”

Milbrand explained that, in working with promotional site Step Out Buffalo, his Greetings from Buffalo design raised $25,000 for five nonprofits to deal with the effects of the Covid-19 pandemic, while the design for his Lookin’ Good mural on Hertel raised $5,000 for the Pride Center of WNY and MOCHA Center. The artist said he also donated the design for his Let Hope Shine Through mural to Family Promise of WNY, raising about $2,000 toward the organization’s emergency homeless shelter.

Attorney: Lack of public knowledge about copyright law

When organizations don’t comply with his financial requests for alleged infringement, Milbrand has been willing to take them to court. Shapiro, his attorney, has filed legal complaints alleging copyright infringement in U.S. District Court for Milbrand at least twice, against Roswell Park in 2021 and 43North last month.

A Roswell Park spokesperson confirmed this week that the cancer center settled for a “modest amount” out of court, and legal documents show Milbrand voluntarily dismissed the case last April. The case against 43North, a business startup incubator, is active, however, and Shapiro declined to share specifics.

The Kenmore-based attorney said he is also an instructor at SUNY Fredonia, where he teaches copyright and intellectual property law. Shapiro said he advises students, if faced with a notice of copyright infringement, to apologize, acknowledge compensation for the work is needed and suggest a reasonable counteroffer to the amount invoiced. He said there’s a lack of public knowledge about copyright law. 

In a notice of copyright infringement, the initial approach is up to the artist, Shapiro explained. Some may send a cease-and-desist order, which usually requires removal of all reproductions among other remedies, while other artists may request direct compensation in an amount they believe to be appropriate.

If an infringement case reaches court, U.S. Copyright Law dictates a range of $200 to $150,000 in statutory damages can be awarded for each infringement, depending largely on whether the infringer knowingly reproduced copyrighted material for profit. A court can cancel damages if the reproduction is deemed fair use, a hot topic in a U.S. Supreme Court case involving Andy Warhol’s artwork of musical artist Prince.

Mural a ‘source of community pride’

Visit Buffalo Niagara was “thrilled” by the idea of Milbrand’s Greetings from Buffalo mural in 2016. The tourism organization supported Milbrand’s crowdfunding campaign to raise money for the downtown project, which received $4,640 total from 70 donors. 

“Murals are a big part of an engaging urban landscape and Casey’s contribution is sure to make downtown Buffalo an even more stimulating experience for visitors – one we’re sure they’ll share with friends and family via Facebook, Instagram and Twitter,” read Visit Buffalo Niagara’s statement in 2016. “If you want to be a part of the New Buffalo we urge you to make a contribution to Casey’s Indiegogo campaign.”

Visit Buffalo Niagara’s tune has recently changed.

“Visit Buffalo Niagara respects the right of artists and creatives to protect their intellectual property,” said Patrick Kaler, president and CEO of the tourism bureau, in a statement. “That said, we regret that the Greetings from Buffalo mural has become a source of dispute and hard feelings after being so warmly embraced by the community who helped to make it happen.”

Kaler noted that the mural was “conceived of as a goodwill gesture intended to welcome locals and visitors to downtown Buffalo.”

“The fact that it is now the subject of legal action is entirely contrary to the spirit and intent of the mural and why Visit Buffalo Niagara helped facilitate its creation in the first place,” Kaler continued. “We hope that any disputes over the mural will be settled amicably and that it once again becomes a source of community pride.” 

Joel P. Feroleto, Buffalo Common Council representative for the Delaware District, expressed concern about potential ramifications for public art in Buffalo. 

“I’ve worked with several local artists and had wonderful experiences,” Feroleto said Thursday, citing previous collaborations with Philip Burke, Chuck Tingley and Eduardo Kobra. “I hope this doesn’t deter building owners from allowing public art projects on their properties in the future.”

Aaron Ott, curator of public art for the Albright-Knox Art Gallery, commissioned Shark Girl, the Freedom Wall and several other projects as part of the gallery’s Public Art Initiative with Erie County and the City of Buffalo. He said his organization has not worked with Milbrand and is not involved in the disputes. For public works commissioned by Albright-Knox, the gallery’s website dedicates an entire section to clarify copyrights and usage.

“We believe that public art is inherently for public enjoyment,” Ott said in a statement. “We and the artists we work with expect and celebrate public engagement with the artworks. We do not believe that threatening unnecessary litigation and monetary demands is aligned with the spirit of public art.”

The backlash has not deterred Milbrand.

“I love that as a creator I get to choose what uses work for my corporation and the highest good as I see fit,” Milbrand said. “Every day I wake up I am filled with joy because I get to create from the purest place in my heart and I love what I do.”