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 (8): 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

answer-

In this situation, I would advise Persley to leave the situation as it is because Persely entered into a Written contract to create an original art of work for Mozart and in return Persley Gets sum of $50 000 for the work. This is valid contract between Persley and Mozart.

If Persley considers commencing a court action seeking an injuction then Persley would not be successful because Persley first did not perform her part of contract well. She needed to create an art work must be of a size no less than 10 metres by 15 metres but in actual the art work more than two hundred 30 cm by 30 cm. In this case, Mozart can file legal suit against Persley.

There is no chance of success for Persley because there is written contract which is enforceable under the law and Persley did not perform her contract well. She has not right to seek an injuction. If she does not want to deface her art then she can take back her art of work and then Mozart can sue Persley after.