Büchel Wins Appeal, Major Victory for Artists
On Wednesday, January 27, 2010, the U.S. Court of Appeals for the First Circuit handed Christoph Büchel and visual artists a major victory. The First Circuit found sufficient evidence to allow a jury to find that Mass MoCA violated Büchel’s right of artistic integrity by modifying his installation without his consent, thereby causing prejudice to Büchel’s honor or reputation. In making this finding, the First Circuit concluded that the Visual Artists Rights Act of 1990 applies to unfinished works of art.
But that’s not all. The First Circuit found that Büchel has a viable claim under the Copyright Act, finding significant evidence suggesting that Büchel’s art work was repeatedly and deliberately exhibited to numerous individuals without Büchel’s consent. The First Circuit also rejected Mass MoCA’s contention that the unfinished installation might constitute a joint work of Büchel and the Museum.
The New York Times‘ Randy Kennedy.
Related posts:
- Update: Büchel’s Answer and Counterclaims Against MASS MoCA
- Koons Wins Appeal and Right to Use Copyrighted Material
- On the Visual Artists Rights Act and Conceptual Art
- Do Artists Always Retain Their Copyrights?
- MASS MoCA Counterclaims Arguing Büchel Project Is Not Art
Tags: art lawyers, christoph buchel, Copyright, Gen Art Law, Moral Rights, VARA, visual artists rights act
Christoph Büchel Vs. Museum arrogance
Congratulations!
In his book “Art on the Edge: creators and situations” the late Harold Rosenberg laments that artists have been demoted.
And many thanks to those of you who have started us on the road back to the respectability and vital positions enjoyed by other professionals in their fields.
Chapman Kelley