MORAL RIGHTS (continued) and ECONOMIC RIGHTS

MORAL RIGHTS

Pavia v. 1120 Avenue of the Americas Associates

In 1963, defendant-Hilton-Prudential commissioned Pavia to create a work for the lobby of the Hilton Hotel. The work was a large bronze sculpture (3 large standing diamond-shaped pieces and a 4th smaller piece lying on its side). The work was displayed for 25 years in that location and was favorably received by the critics and the media.

In 1988 Pavia agreed that the work could be moved to the lobby of the Hippodrome Garage. Two of the pieces were placed in the lobby; the other two crated and stored.

[VARA is passed in 1990].

Pavia is suing under:

The NY Arts and Cultural Affairs Law: improper display

defendants claim:

the statute of limitations has run

dismanteling vs. display

defendants claim VARA doesn't apply

 

Martin v. City of Indianapolis

In 1986 Martin received permission to erect a large metal sculpture (Symphony #1) on land owned by a metal contracting firm for which he worked (LaFollette).

In 1992 City held a hearing about acquiring the LaFollette property as part of its Urban Renewal Plan. Agreements:

Martin would donate Symphony #1 to the City, but have imput into the location

City would pay the cost of removal to the new location

City would contact/give notice to Martin prior to bulldozing

Suprise destruction

Issues:

*Is Symphony #1 protected under VARA?--lack of expert witnesses

*Damages

Actual damages and any additional profits of the infringer

Statutory: $500-$20,000

If destruction intentional/willful, up to $100,000

*Was the destruction willful or intentional?

 

ECONOMIC RIGHTS--RIGHT TO PROCEEDS--DROIT DE SUITE

The right of an artist to participate in income generated by the subsequent sales [lending] of her creation subsequent to the first sale.

In Belgium, Italy, Poland, Uruguay, Turkey, Germany, Portugal,Tunisia, Chile, Sweden, Czechoslovakia???, Yuoslavia???. Morocco, Luxembourg--

*the right last for life + 50 years

*art is sold at public auction or through a dealer

*art is valued at $2,500 or more

*artist gets 3% of sale price

In CA--

*5% for originial paintings, sculptures, drawings, works of art in glass, valued at $1,000+

 

By contract, e.g. the Projansky Contract for transfer of a work of art.

 

 

In a few countries, there is a Public Lending Right--when a book is borrowed from a public library, its author is credited with a small payment or library use royalty. This collects over a year and is paid in an annual lump sum.

Cf. Music

$ for sale

$ for each time the musical composition is played