Legal Opinion

Phillips v. Pembroke Real Estate, Inc.

Court of Appeals for the First Circuit

Decided August 22, 2006No. 05-1970PublishedCited by 21 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This case raises important questions about the application of the Visual Artists Rights Act of 1990 (‘VARA”), 17 U.S.C. § 106A, to “site-specific art”, which is a subset of “integrated art”. A work of “integrated art” is comprised of two or more physical objects that must be presented together as the artist intended for the work to retain its meaning and integrity. In a work of “site-specific art”, one of the component physical objects is the location of the art. To remove a work of site-specific art from its original site is to destroy it.

I

David Phillips brought suit…

2Cases cited13 opinions

  1. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
  2. Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991
  3. Greebel v. FTP Software, Inc.Court of Appeals for the First Circuit · 1999
  4. United States v. TexasSupreme Court of the United States · 1993
  5. Intergen N v. v. GrinaCourt of Appeals for the First Circuit · 2003

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Latin American Music Co. v. Archdiocese of San Juan of the Roman Catholic & Apostolic ChurchCourt of Appeals for the First Circuit · 2007
  2. Kelley v. Chicago Park DistrictCourt of Appeals for the Seventh Circuit · 2011
  3. Massachusetts Museum of Contemporary Art Foundation, Inc. v. BüchelCourt of Appeals for the First Circuit · 2010
  4. Lawson v. Fmr Co., Inc.Court of Appeals for the First Circuit · 2012
  5. Bartel v. Walsh (Bartel)Bankruptcy Appellate Panel of the First Circuit · 2009

16 more not listed; retrieve them via the Exa API.

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