Court: |
Federal Court of Appeals, 2nd Circuit |
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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. |
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Posture: |
Trial court granted an injunction against moving or defacing the
art, for the lifetime of the plaintiffs. Appeal. |
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Issue: |
Do we honor artists' moral rights over their works? |
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Holding: |
Not in this case. |
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Rule: |
This was work for hire, not just creativity. They were employees,
so the employer owns the work. |
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Reasoning: |
We pay lip service to moral rights, but we protect property. |
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Dicta: |
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