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PHILLIPS v. PEMBROKE REAL ESTATE, INC.

No. CIV.A.03-11542-PBS.

288 F.Supp.2d 89 (2003)

David PHILLIPS, Plaintiff, v. PEMBROKE REAL ESTATE, INC., Defendant.

United States District Court, D. Massachusetts.

October 24, 2003.

Attorney(s) appearing for the Case

Andrew D. Epstein, Barker, Epstein & Loscocco, Boston, MA, for Plaintiff.

Marc J. Goldstein, Palmer & Dodge, LLP, Boston, MA, Scott P. Lewis, Palmer & Dodge, LLP, Boston, MA, Thane D. Scott, Palmer & Dodge, LLP, Boston, MA, for Defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

This case raises novel and important issues about the rights of artists under federal and state law to prevent the modification or destruction of their works of visual art. Plaintiff David Phillips, a well known sculptor, brings this action pursuant to the Visual Artists Rights Act, 17 U.S.C. § 106A (1990) ("VARA"), and the Massachusetts Art Preservation Act, Mass. Gen. Laws Ann...

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