I am having a hard time writing a legal memorandum regarding the topic below:

Our client, Jon Copeland ("Cope") is a well-known street artist who has created numerous works of aerosol art or graffiti. Cope's work has also been exhibited in various mainstream museums throughout the United States. Cope and the nonprofit Modern Art Museum entered into an oral agreement whereby Cope agreed to draw a mural to celebrate the opening of the Museum's new wing, the Bell Pavilion, dedicated to nontraditional art forms. The mural Cope created was sprayed on a wall (at the entrance to the new wing) with aerosol paint and was 12 feet high and 20 feet long. The mural showed several artists in various poses, holding chalk, cans of spray paint, and paint brushes. It displayed the wording "Preserve Art in All Forms. Come Visit Bell Pavilion." Cope was paid $40,000 for his work, which was recognized by several newspapers and critics as being "bold" and "visionary." After the six-month opening celebration ended, the Museum painted over Cope's mural in anticipation of its next exhibition. Cope has retained us to determine if any of his rights under the federal Visual Artists Rights Act have been violated. Use current Bluebook citation form. Our federal district and circuit, Anywhere, have no cases or statutes regarding this issue. Therefore,do not restrict your research to the law of any one federal district or circuit.

What is the primary purpose of Copeland's mural?

Does VARA expressly exclude from its protection works created for the primary purpose of promoting or advertising? See 17 U.S.C.A. 101 (A)(ii)?

Will a mural that might otherwise be protected under VARA be excluded from protection when its primary purpose is promoting or advertising?