Noland v. Janssen
United States District Court for the Southern District of New York
2020 WL 2836464 (2020)
- Written by Solveig Singleton, JD
Facts
Artist Cady Noland (plaintiff) created a sculpture entitled Log Cabin Façade. In 1990, art collector Wilhelm Schürmann (defendant) purchased Log Cabin Façade. In 1991, Schürmann asked for Noland’s permission to stain the work and exhibit it outdoors. Noland gave permission. Until 2010, the sculpture was displayed outdoors and began to decay. Schürmann and a restorer (defendant) replaced the rotted components with logs from the same source Noland had used, following Noland’s original specifications. The logs differed from those used by Noland in subtle ways. Schürmann later sought to sell the refurbished Log Cabin Façade in the United States. Noland renounced the refurbished sculpture, and the sale fell through. Noland sued Schürmann and the restorer in federal district court, asserting that the refurbished sculpture and the later attempt to sell it infringed Noland’s copyright and violated her moral rights under the Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A.
Rule of Law
Issue
Holding and Reasoning (Oetken, J.)
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