Carter (Three Johns) v. Helmsley-Spear, 71 F.3d 77 (2nd Cir. 1995)

[click here for text of the full opinion]

This is the only existing case on the Visual Artists' Rights Act.  Three sculptors, all named John, were hired to build a sculpture and install it in the lobby of a building.  Before they could finish, their employing company went out of business, and its parent company decided to cease production of the work and remove the completed portions from the lobby.  The three artists sued under VARA to enjoin the company from destroying their artistic work.  While the court implied that the statute might create a moral right to prevent destruction of the work under other circumstances, it held that VARA did not apply here since the sculpture was a work-for-hire, and thus all rights initially held by the authors to preserve the integrity of their work had been transferred to the company that em