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Phillips v. Pembroke Real Estate, Inc.

(2006)

United States Court of Appeals for the First Circuit - 459 F.3d 128

tl;dr:

A sculptor is suing a real estate company for removing his artwork from a park in Boston.

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Facts & HoldingPhillips v. Pembroke Real Estate, Inc. case brief facts & holding

Facts:The case is about artist David Phillips suing Pembroke Real...

Holding:The court's final holding is that Phillips cannot prevent Pembroke...

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Phillips v. Pembroke Real Estate, Inc. | Case Brief DeepDive
Majority opinion, author: LIPEZ, Circuit Judge.
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The legal case involves sculptor David Phillips suing Pembroke Real Estate for violating his rights under VARA and MAPA by removing his site-specific artwork from Eastport Park in South Boston. The court of appeals held that VARA does not apply to site-specific art but affirmed the district court's decision to allow the artwork's removal. The district court found that under VARA, Phillips' free-standing works could be moved, and the multi-element, integrated work of art along the northeast-southwest axis could be disassembled and moved piecemeal, so long as individual pieces comprising this integrated work of art were not altered, modified, or destroyed. The district court vacated the preliminary injunction and entered judgment on all counts, as it was possible for Phillips' sculptures to be removed from the Park consistent with VARA's public presentation exception. Phillips challenges only the district court's conclusion that the public presentation exception of VARA permits Pembroke to remove from the Park his large, multi-element work of art, which the district court found was both integrated and site-specific.

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