West Headnote of the Day – May 6, 2010

May 6, 2010

West's Key 99 Copyrights and Intellectual Property
West's Key 99I Copyrights
West's Key 99I(A) Nature and Subject Matter
West's Key 99k3 Subjects of Copyright
West's Key 99k6 k. Pictorial, graphic, and sculptural works.

99 Copyrights and Intellectual PropertyWrecked automobile which had been colorfully painted, planted with local cacti, and put on display outside novelty shop was “promotional” and thus not “work of visual art” protected under Visual Artists Rights Act (VARA).
Kleinman v. City of San Marcos, 597 F.3d 323 (5th Cir. Feb. 10, 2010)

Suggested by Robert P. Knapp III; Mulholland & Knapp, LLP; New York, NY