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PHILLIPS v. PEMBROKE REAL ESTATE, INC.

No. 05-1970.

459 F.3d 128 (2006)

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

United States Court of Appeals, First Circuit.

Decided August 22, 2006.

Attorney(s) appearing for the Case

Andrew D. Epstein, with whom Lucy Lovrien was on brief, for appellant.

Scott P. Lewis, with whom Edwards Angell Palmer & Dodge LLP was on brief, for appellee.

Before LIPEZ, Circuit Judge, CYR and STAHL, Senior Circuit Judges.

LIPEZ, Circuit Judge.

This case raises important questions about the application of the Visual Artists Rights Act of 1990 ("VARA"), 17 U.S.C. § 106A, to "site-specific art", which is a subset of "integrated art". A work of "integrated art" is comprised of two or more physical objects that must be presented together as the artist intended for the work to retain its meaning and integrity. In a work of "site-specific art", one of the component physical objects is...

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