Question

A group of music lovers in a large urban area incorporate a company, Mozart Holdings Ltd., in order to purchase land and build a music hall that they claim will be “a glittering jewel in the cultural crown” of the city. The corporation selects an architectural firm that will design the building, a construction company that will construct the music hall, and chooses other suppliers who will provide goods and services necessary to the planning and development of a unique structure. One of the contracts that Mozart enters into is with an artist, Paige Presley, who is commissioned to produce an artistic work for the main lobby of the music hall. Presley is to be paid the sum of $50 000 for the work, and Mozart stipulates that the work is to be in any medium, but it must be permanently affixed to the north wall of the lobby, and must be of a size no less than 10 metres by 15 metres. The artist and the corporation enter into a written contract whereby the artist agrees to create the artistic work, warrants that it is her original work, and transfers the work to Mozart Holdings Ltd., in consideration of payment of the agreed‐upon contract price. No mention is made of moral rights. Presley designs and creates an artistic work that is an abstracted representation of musicians, musical instruments and musical notes on a scale. The work is created out of a series of more than two hundred 30 cm by 30 cm ceramic tiles that are made by the artist by hand and fired in her kiln in her studio. The artist and two assistants install the work on the north wall of the lobby, in time for the official opening of the music hall. The work is titled “The Song of Ages.” Presley attends the official opening for the music hall, at which many dignitaries are present. Media representatives are present, and photographers take pictures of the lobby, the people present, and Presley’s artistic work. At a table in the lobby, Presley notices a brochure that solicits funds from donors, asking them to contribute to the operation of the music hall. Donors are promised various “gifts” for donations at different levels of giving, ranging from music CDs for donations of $50 to $100, up to the “benefactor” level. Those who make a donation at the benefactor level will have their name inscribed in one of the tiles that form the work “The Song of Ages.”

Question: Presley is incensed and embarrassed that her art would be defaced in this fashion. She considers commencing a court action, seeking an injunction. Evaluate the situation and advise what chances of success she has and on what grounds?

Answer 1

Injunction means Persley is asking court's help so that his art of work can be removed from Music hall and would not be defaced.In this case, Persley will not be succeed based on contract law and ownership of the work.We can see from the facts that Persley and Mozart both had a written contract which is legal and valid. This contract had all the essential elements of a valid contract offer, acceptance, consideration and competency. The contract is to make art of work a size no less than 10 metres by 15 metres offered by Mozart and Accepted by Artist Persley. Consideration is the sum of $50 000 for the work so we can see that art of work if original then Ownership will be of Mozart not Persley after handing over the work to Mozart.

In this case, there is no chance of injuction because Persley has not right on that art of work. She can just get her payment. If she get injunction from court then she will definitely lose because she made a written contract and injuction would be breach of the contract which court may not allow.