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2 Ala. L. Rev. 267 (1949-1950)
Moral Right Doctrine: Protection of the Artist's Interest in his Creation After Sale

handle is hein.journals/bamalr2 and id is 279 raw text is: COMMENTS MORAL RIGHT DOCTRINE: PROTECTION OF THE ARTIST'S INTEREST IN HIS CREATION AFTER SALE If a purchaser of Mona Lisa had changed the subtle smile of Leonardo da Vinci's masterpiece to a boistrous laugh, would Leonardo have had a cause of action? The attitude that an artist should have no legal protection if he sullies his hands by accepting a purchase price is unrealistic considering the fact that many artists make their living by devoting their full time to creating works of art. Because of the inevitable and unusual association that an artist, musician, or writer has with his created work, many prob- lems may arise with respect to his work after sale-problems which American courts may find difficult to solve by the appli- cation of our present common-law remedies. Crimi v. Rutgers Presbyterian Church' presents just such a problem. Alfred Crimi, internationally known artist, was selected by competitive process to paint a fresco mural for Rutgers Presby- terian Church in New York City. Crimi completed the work; the church accepted the mural and paid Crimi the contract price, $6,800. The work was copyrighted, and the copyright was assigned to the church. In 1938 the mural, signed by the artist, was attached and became part of the church-building wall. At the dedication service the pastor spoke of the central figure in Criini's painting as a Christ who loved the outdoors and would instinctively bare His chest to the rush of the wind and the rays of the sun.' This same bared chest, however, annoyed the pastor's successor. In 1946, without giving notice to Crimi, the church obtained another artist to clothe the bared chest. When Crimi learned what had been done, he brought suit asking for equitable relief: to compel the defendant to remove the oblit- erating paints on the fresco mural or in the alternative to permit the plaintiff to take the fesco mural from the defendant's church at the cost and expense of the defendant, or in the event that the 1 194 Misc. 570, 89 N.Y.S.2d 813 (Sup. Ct. 1949). 2 Art Digest, Feb. 15, 1949, p. 7, col. I.

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