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 possessors of Plaintiff’s work. Initiated proceedings regarding the mutilation of the work by improper storage, dismantlement, and improper paining of the work under the Visual Artists Rights Act (VARA) §603, §605, and §610 and the 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. The published 24 page Federal decisionby Honorable Judge Sweet for the Southern District of New York created new impression law for artists and is considered to be one of the first cases brought to require application of Federal law for artists(VARA) and addressed many novel issues.

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