MASS MoCA is shooting itself in the foot face if they think artists are going to look kindly on these claims…

More alarming is MASS MoCA’s argument that they are the lawful owners of the materials which are the subject matter of this dispute, and thus allowed to display them publicly.

But this isn’t the end of this wonderful yarn of fiction. MASS MoCA further argues that Büchel’s work is not even art, but simply a compilation of materials which, if accepted by the Court, would not be granted protection under the Visual Artists Rights Act of 1990 (VARA). If in fact the Court decides that VARA does apply, MASS MoCA argues that any modification to the “materials” which may have happened is allowed by VARA under the “conservation or placement” exception, and/or that the doctrine of “fair use” would allow MASS MoCA to display Büchel’s project without infringing the Copyright or VARA Acts.

Read more at Clancco.com…

background info here

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