Intellectual Property Law

Chapter 11 Putting It Into Words Solution

Your law firm’s client, Alison Lowell, is a sculptor whose well-known two-foot sculpture
Wings is currently located on a pedestal in the lobby of the Columbia Building in
Cincinnati. The building is going to be demolished next year. Draft a letter for your
supervising attorney to send to Ms. Lowell describing any rights she may have to ensure
the sculpture is not destroyed when the building is razed.

Law Firm Letterhead

Date
Ms. Alison Lowell
Street Address
City, State Zip Code
Re: Removal of Sculpture from the Columbia Building

Dear Ms. Lowell:

You have asked for our opinion regarding any rights you may have in the sculpture
Wings, which is displayed on a pedestal in the lobby of the Columbia Building in
Cincinnati, Ohio. It is our understanding that you are the sculptor of the work and
that the Columbia Building is going to be demolished next year.

Under U.S. copyright law, if a work of the visual arts, such as a sculpture or
painting, can be removed from a building without its destruction or distortion, the
building owner must provide notice to the work’s artist of the planned removal of
the work. Once the artist receives this notice, the artist has ninety days to arrange
for removal of the work at the artist’s expense.

It is our opinion that due to its relatively small size, Wings can be removed from the
/pedestal in the building lobby without causing its destruction. Thus, the building
owner must provide you with notice of the planned removal. You will then have
ninety days to arrange and pay for removal of the work, in which case you will own
all rights in Wings. If you do not arrange for removal within the ninety-day period,
you will lose all rights in the work.