Carter v. Helmsley-Spear, Inc.
United States Court of Appeals for the Second Circuit
71 F.3d 77 (1995)
- Written by Eric Cervone, LLM
Facts
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
Issue
Holding and Reasoning (Cardamone, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
