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Massachusetts Museum of Contemporary Art Foundation, Inc. v. Bichel

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Before Lipez and Howard, Circuit Judges, and Woodcock, District Judge. *fn1

As one observer has noted, this case, which raises important and unsettled legal issues under the Visual Artists Rights Act (“VARA”), may well serve as “the ultimate how-not-to guide in the complicated world of installation art.” Geoff Edgers, Dismantled, The Boston Globe, Oct. 21, 2007, at 1N. Artist Christoph Buchel conceived of an ambitious, football-field-sized art installation entitled “Training Ground for Democracy,” which was to be exhibited at the Massachusetts Museum of Contemporary Art (“MASS MoCA,” or “the Museum”). Unfortunately, the parties never memorialized the terms of their relationship or their understanding of the intellectual property issues involved in the installation in a written agreement. Even more unfortunately, the project was never completed. Numerous conflicts and a steadily deteriorating relationship between the artist and the Museum prevented the completion of “Training Ground for Democracy” in its final form.

In the wake of this failed endeavor, the Museum went to federal court seeking a declaration that it was “entitled to present to the public the materials and partial constructions” it had collected for “Training Ground for Democracy.” Buchel responded with several counterclaims under VARA and the Copyright Act,*fn2 seeking an injunction that would prevent MASS MoCA from displaying the unfinished installation and damages for the Museum’s alleged violations of his rights under both VARA and the general Copyright Act.

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