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A Training Ground For Contemporary Art: Massachusetts Museum Of Contemporary Art V. Biichel's Overly Broad Exclusion Of Artistic Collaborations, Sarah Louise Rector
A Training Ground For Contemporary Art: Massachusetts Museum Of Contemporary Art V. Biichel's Overly Broad Exclusion Of Artistic Collaborations, Sarah Louise Rector
University of Colorado Law Review
In 2007, the Massachusetts Museum of Contemporary Art sought a declaratory judgment permitting it to display an unfinished installation artwork by artist Christoph Buchel without Buchel's permission. Bchel attempted to stop the display by arguing that it violated his moral rights under the Visual Artists Rights Act ("VARA'). The United States District Court for the District of Massachusetts ruled in favor of the museum, holding in part that the "collaborative" nature of the installation's construction precluded VARA protection. The court analogized the artwork to a motion picture, which the Act's legislative history characterized as the type of collaborative effort VARA …