Carter v. Helmsley-Spear, Inc.

1995

Court: Federal Court of Appeals, 2nd Circuit

Facts: Some artists made a big installation in a building, on commission. The patrons went out of business, and Helmsley took over. The new owners want the art out.

Posture: Trial court granted an injunction against moving or defacing the art, for the lifetime of the plaintiffs. Appeal.

Issue: Do we honor artists' moral rights over their works?

Holding: Not in this case.

Rule: This was work for hire, not just creativity. They were employees, so the employer owns the work.

Reasoning: We pay lip service to moral rights, but we protect property.

Dicta: