News organizations should link to actual legal decisions because I want to know whether there were any VARA arguments here! (Says just breach of contract.) www.iowapublicradio.org/arts-life/20... - ThreadSky

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copyrightlibn.bsky.social • 42 days ago

News organizations should link to actual legal decisions because I want to know whether there were any VARA arguments here! (Says just breach of contract.)
https://www.iowapublicradio.org/arts-life/2025-01-14/des-moines-art-center-mary-miss-iowa-lawsuit

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annemariebridy.bsky.social•41 days ago

So, if VARA and no waiver, I'd say (1) functional and not copyrightable in the first instance and (2) if copyrightable, not a work of "recognized stature." She's described, though, as "an internationally recognized leader of the Land Art movement." What do you think?

copyrightlibn.bsky.social•41 days ago

Makes me wanna re-read Kelley v. Chicago Park District, is what I think. I don't play in this space (esp landscape art) enough to recall all the details.
(I can't tell enough about the art, from photos I've seen, to tell if it's towards the sculptural (thus ©able) end of things.)

annemariebridy.bsky.social•41 days ago

Kelley is such a weird case. I think it was decided—so bizarrely on fixation—b/c of equities favoring the municipality re the publicly-borne cost of maintaining the work over time. I see similar equities here.

copyrightlibn.bsky.social•41 days ago

Absolutely. Site-specific work outdoors on a site with that much water - there may be serious safety issues at stake.

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