Massachusetts Museum of Contemporary Art Foundation, Inc. v. Buchel

Swiss artist Christoph Buchel (defendant) designed an elaborate installation, Training Ground for Democracy, at the Massachusetts Museum of Contemporary Art (MMCA) (plaintiff), which agreed to fund materials but build under Buchel's direction. While Buchel was away for months, MMCA's director made installation decisions without consulting him, which offended Buchel; later, MMCA took further actions Buchel had explicitly forbidden and allegedly showed the unfinished work publicly without his consent, prompting Buchel to refuse to return unless certain conditions were met. MMCA ultimately cancelled the installation, allowed the public to walk through the space to reach another exhibit, and covered the unfinished work with tarps; MMCA sued for a declaration it could present the work, and Buchel counterclaimed under the Visual Artists Rights Act (VARA) for damages and an injunction. The district court granted MMCA summary judgment, but MMCA removed the installation's materials anyway, and Buchel appealed.