by: Brent Smith at The Common Constitutionalist
Warehouse building owner discovers the hard way that he really can’t do what he wants with his own building.
What would happen if your young child drew all over his or her bedroom walls? Of course as a doting parent, you would say it was art. I mean – what’s a coat of paint. It’s not worth getting upset about. The child is too young to understand anyway. So instead you say: “You did such a great job I think we’ll just leave it be.” And accept it you do, at least for a while, as the work of art it was intended. You even have him or her sign it, or make some sort of identifying mark to make their own.
Now years go by and your son or daughter is grown up and moves out. You then decide to rid the room of the once great work of art. But wait…not so fast. Instead of the shoulder shrug response you would expect from the lad or lass, he or she protests, and doesn’t want you to defile the masterpiece. What then?
You pull out the old, “This is my house” card and paint over it. A month or so goes by and you receive a letter from an attorney. It seems your child is suing you for damages under 17 U.S. Code § 106A – Rights of certain authors to attribution and integrity.