Carter v. Helmsley-Spear, Inc.

71 F.3d 77 (1996)

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Nature of the Case

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Facts

Carter, Swing, and Veronis (Ps) are professional sculptors who work together and are known collectively as the 'Three-J's' or 'Jx3.' On December 16, 1991, SIG Management Company (SIG) entered into a one-year agreement with Ps to design, create and install sculpture and other permanent installations in the building, primarily the lobby. The artists were to retain copyrights to their work and SIG was to receive 50 percent of any proceeds from its exploitation. On January 20, 1993, SIG and Ps signed an agreement extending the duration of their commission for an additional year. When Corporate Life became a general partner of the Limited Partnership, the Limited Partnership assumed the agreement with Ps and in December 1993 again extended the agreement. The Limited Partnership's lease on the building was terminated on March 31, 1994. D took over management of the property. D informed Ps that they could no longer continue to install artwork at the property, and had to vacate the building. Ds intended to remove the artwork already in place in the building's lobby. Ps commenced this litigation, and the district court issued a temporary restraining order enjoining D from taking any action to alter, deface, modify or mutilate the artwork installed in the building. The court eventually granted a preliminary injunction enjoining Ds from removing the artwork pending the resolution of the litigation. A bench trial was held, and Ps were granted a permanent injunction citing the Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. §106(A). D and Ps appealed.