Massachusetts Museum of Contemporary Art Found., Inc. v. Buchel, No. 08-2199

In a dispute between an artist and a museum over the implementation and installation of a football-field sized artwork, judgment of the district court in favor of the museum is affirmed in part, vacated in part and remanded where: 1) the Visual Artists Rights Act (VARA) applies to unfinished works, and as such, genuine issues of material fact forecloses summary judgment on one of the artist's VARA claims - that the museum violated his right of artistic integrity by modifying the installation; and 2) the artist asserted a viable claim under the Copyright Act that the museum violated his exclusive right to display his work publicly.     

Read Massachusetts Museum of Contemporary Art Found., Inc. v. Buchel, No. 08-2199

Appellate Information

On Appeal from the United States District Court for the District of Massachusetts

Decided January 27, 2010

Judges

Before:  Lipez and Howard, Circuit Judges, and Woodcock, District Judge

Opinion by  Circuit Judge Lipez

Counsel

For Appellant:  George T. Conway III, Elaine P. Golin, Wachtell, Lipton, Rosen & Katz, John C. Blessington, Sara E. Yevics, K&L Gates LLP, Elena M. Paul, Sergio Muñoz Sarmiento, and Volunteer Lawyers for the Arts

For Appellee:    John L. Gardiner, Elizabeth A. Hellmann, Kurt Wm. Hmr, Lindsay R. Dickerson, and Skadden, Arps, Slate, Meagher & Flom LLP