Case 2

Phillip Pavia v. 1120 Avenue of the Americas Associates, The Hippodrome Garage and Building Company, Edison Parking Corporation, Harold A. Gottesman, The New York Hilton Joint Venture, The Hilton Hotels Corporation and The Prudential Insurance Company of America 

901 F. Supp. 620 (Southern District of New York 1995)

Successfully represented Plaintiff, a notable, internationally exhibited American painter and sculptor, against several holders of Plaintiff's work regarding the mutilation of the work by improper storage, dismantlement, and parts painted over it under Visual Artists Rights Act (VARA) §603, §605, and §610 and New York Arts and Cultural Affairs Law §14.03. Obtained the following actions for Plaintiff: (1) Defendants, the owners of the Hippodrome in New York City, were required to restore and properly display this elegant Rockefeller era monumental pedestrian sculpture in its original position with appropriate cleaning, fresh patina, etc.; and (2) Plaintiff was honored with an exhibition, and the proper display included a permanent exhibition of information about Plaintiff. Published decision created new impression law.

Published decision created new impression law.

Nature of Suit: Property Rights – Copyright; Visual Artists Rights Act (VARA)

Key Nature of Suit: Intellectual Property; Copyright; VARA

Causes: 17 USC 106A & N.Y. Arts and Culture Affairs Law 14.03