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Carter v. Helmsley-Spear, Inc.

United States Court of Appeals for the Second Circuit
71 F.3d 77 (2d Cir. 1995)


John Carter, John Swing, and John Veronis (plaintiffs) were professional sculptors who worked together and were known as the “Three J’s” or “Jx3.” On December 16, 1991, SIG Management Company (SIG), a managing agent of an office building, entered into an agreement with the Three J’s to create sculptures within the building. In April 1994, Helmsley-Spear, Inc. (Helmsley-Spear) (defendant) took over management of the property. Helmsley-Spear then informed the Three J’s that they could no longer continue to install artwork in the building, and instead had to vacate the property. Helmsley-Spear also made statements indicating that it intended to remove the artwork already in place. The Three J’s brought an action seeking to enjoin Helmsley-Spear from removing their work. The district court, citing the Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. §106(A), granted the Three J’s a permanent injunction that enjoined Helmsley-Spear from removing work created by the Three J’s that had already been installed in the building. Helmsley-Spear sought to overturn the injunction.

Rule of Law


Holding and Reasoning (Cardamone, J.)

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