Soft win for Buchel on Appeal -
1. VARA's protection of an artist's moral rights extends to unfinished creations that are "works of art" within the meaning of the Copyright Act;
2. The right of integrity under VARA protects artists from distortions, mutilations or modifications of their works that are prejudicial to their reputation or honor, and prejudice must be shown for both injunctive relief and damages;
3. Büchel has adduced sufficient evidence to raise a genuine issue of material fact as to whether MASS MoCA violated his right of integrity on one of his three asserted bases for liability, namely, by modifying "Training Ground" over his objections in a manner that harmed his honor or reputation. His right-of-integrity claims based on the yellow tarpaulins and the mere display of "Training Ground" lack merit;
4. Büchel's right-of-attribution claim is moot, as VARA provides only injunctive relief to protect the right of attribution and the installation no longer exists;
5. The record reveals a genuine issue of material fact as to whether MASS MoCA violated Büchel's exclusive right under section 106(5) of the Copyright Act to display his work publicly;
6. Büchel fails to adequately develop his claim that MASS MoCA violated his exclusive right under section 106(2) to prepare derivative works based on "Training Ground," and that claim
is therefore waived.
We thus remand the case for further proceedings on Büchel’s remaining right-of-integrity claim under VARA and his public display claim under section 106 of the Copyright Act.
(the whole thing is sixty pages. i'll post interesting excerpts later...)
5/16/2007 - predicting the show will never open
5/22/2007 - expecting notoriety
5/29/2007 - report from tarp show
6/12/2007 - some views
6/18/2007 - Buchel exhibits legal documents in Switzerland
7/27/2007 - tools of the master
7/30/2007 - CLANCCO cranks it up
8/20/2007 - World's First Google image search sculpture
9/05/2007 - Robert Storr VS. Nancy Spector
9/19/2007 - announcement, links to NYTimes, Brooklyn Rail...
9/21/2007 - report from the motion hearing.. part 1
9/22/2007 - report from the motion hearing... part 2
9/24/2007 - on Roberta's piece, and more
9/25/2007 - 2nd correction to Roberta's NYTimes piece
12/09/2007 - Buchel's Miami coda, with Jenny Holzer piss-take
2/15/2008 - From: Michele Maccarone
3/2/2008 - spirit of sharing
3/4/2008 - Clark Anti-Forum, aka Balancing Act by Christoph Buchel
3/27/2008 - Pissed-off Douche L., at the Armory... this was one of my favorite pieces.
9/21/2008 - Marc LeBlanc essay, with photos.
6/14/2009 - Appeal process begins; read the briefs.
9/17/2009 - Guy Ben-Ner takes the piss.