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Pollara v. Seymour

344 F.3d 265 (2003)

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Pollara v. Seymour

United States Court of Appeals for the Second Circuit

344 F.3d 265 (2003)

Facts

The Gideon Coalition was a nonprofit organization that provided legal services to the poor and arranged to set up an information table at a public convention in order to promote their political cause. Gideon commissioned Joanne Pollara (plaintiff) to paint a banner, about 10 feet high and 30 feet long, to act as a backdrop to the table. The completed banner depicted individuals standing in line against a backdrop of shut doors labeled “public defender,” “legal aid,” and “prisoners’ legal services,” and correspondence that read “executive budget threatens right to counsel” and “preserve the right to counsel – now more than ever,” all at the direction of Gideon. The banner was attached to its frame at the information table the night before the convention but was removed the following morning by convention organizers (defendant) because Gideon had failed to secure the proper permissions. The banner was torn and crumpled in the process, and Pollara sued the organizers for unlawful destruction under the Visual Artists Rights Act of 1990 (VARA).

Rule of Law

Issue

Holding and Reasoning (Jacobs, J.)

Concurrence (Gleeson, J.)

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