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Keywords

contractjurisdictiondamagescopyright
contract

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Crimi v. Rutgers Presbyterian Church in City of New York, 194 Misc. 570, 89 N.Y.S.2d 813

Facts

In 1937, the Rutgers Presbyterian Church commissioned Alfred D. Crimi to create a mural for its chancel wall, which was completed in 1938 and paid for in full. The contract specified that the mural would become part of the church building and that the copyright would be assigned to the church. In 1946, the mural was painted over without notice to Crimi, prompting him to seek legal recourse for its removal or damages.

In 1937, the Rutgers Presbyterian Church invited members of the National Society of Mural Painters to enter a competition to design and execute a mural to be placed on the rear chancel wall of its edifice on West Seventy-third street, Manhattan.

Issue

Whether the sale by an artist of a work of art wipes out any interest he might have therein, particularly in the context of a mural painted on a church wall.

Thus, the question presented is whether the sale by an artist of a work of art wipes out any interest he might have therein.

Rule

The court applied the principle that an unconditional sale of a work of art transfers all rights to the purchaser, including the right to alter or destroy the work, unless specifically reserved in the contract.

The court found that the contract between Crimi and the church did not reserve any rights for the artist after the mural was completed and accepted.

Analysis

The court found that the contract between Crimi and the church did not reserve any rights for the artist after the mural was completed and accepted. It emphasized that the mural, once affixed to the church, became part of the real estate, and any claims of continued rights by the artist were not supported by the contract or by law. The court also noted that the concept of 'moral rights' recognized in some jurisdictions was not applicable in this case.

The court emphasized that the mural, once affixed to the church, became part of the real estate, and any claims of continued rights by the artist were not supported by the contract or by law.

Conclusion

The court ruled in favor of the Rutgers Presbyterian Church, stating that Crimi had no remaining rights to the mural after its sale and that the church was within its rights to paint over it.

The court ruled in favor of the Rutgers Presbyterian Church, stating that Crimi had no remaining rights to the mural after its sale and that the church was within its rights to paint over it.

Who won?

Rutgers Presbyterian Church prevailed because the court determined that the mural became part of the church property upon completion and payment, and Crimi had no rights to it thereafter.

Rutgers Presbyterian Church prevailed because the court determined that the mural became part of the church property upon completion and payment, and Crimi had no rights to it thereafter.

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