June 6, 2011
Artist’s wildflower garden lacked the kind of authorship and stable fixation normally required to support copyright under Visual Artists Rights Act (VARA) and Copyright Clause; even though garden was designed and planted by artist, it owed most of its form and appearance to natural forces.
Kelley v. Chicago Park Dist, 635 F.3d 290 (7th Cir. 2011)
Suggested by Robert P. Knapp III; Mulholland & Knapp, LLP; New York, NY