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MASSACHUSETTS MUSEUM, CONTEMP. ART FOUN. v. BUCHEL

No. 08-2199.

593 F.3d 38 (2010)

MASSACHUSETTS MUSEUM OF CONTEMPORARY ART FOUNDATION, INC., Plaintiff, Appellee, v. Christoph BÜCHEL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 27, 2010.

Attorney(s) appearing for the Case

George T. Conway III, with whom Elaine P. Golin, Wachtell, Lipton, Rosen & Katz, John C. Blessington, Sara E. Yevics, K & L Gates LLP, Elena M. Paul, Sergio Muñoz Sarmiento, and Volunteer Lawyers for the Arts were on brief, for appellant.

John L. Gardiner, with whom Elizabeth A. Hellmann, Kurt Wm. Hmr, Lindsay R. Dickerson, and Skadden, Arps, Slate, Meagher & Flom LLP were on brief, for appellee.

Before LIPEZ and HOWARD, Circuit Judges, and WOODCOCK, District Judge.

LIPEZ, Circuit Judge.

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 Büchel conceived of an ambitious, football-field-sized art installation entitled "Training Ground for Democracy," which was...

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