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Copyright Blog

Beauty is in the Eye of the University

Artist Billie Lawless is suing Cleveland State University for, among other claims, breach of contract and violation of copyright. Since 2008, the modern artist has maintained a contract with the university to display his sculpture, titled The Politician: A Toy on its campus.

Over the years, the 42-foot-high behemoth has left viewers dazzled or dumstruck or anywhere in between. As presidents change, Lawless adds their mangled political slogans rendered in wire to the fence surrounding the sculpture. Thus, the phrases "Obama Scare," "Law and Borders," and "A Thousand Points of Slight" have all found metallic expression in his artwork.

The_Politician-A_Toy.jpg

Lawless's political criticism turned crass when he combined President Trump's outspoken immigration stance with a history of speaking what appears to be his misogynist mind on national television. But Cleveland State University decided they'd had enough and covered the critical phrase with a homecoming poster.

This act, Lawless claims, violates his First Amendment right to free speech as well as his rights under the Visual Artists Rights Act. Mr. Lawless has sued over censorship of his sculptures in the past, with favorable results. He also claims that CSU is in breach of contract for modifying the sculpture and for prematurely terminating the contract. He is demanding a jury trial and requesting an injunction against the "censorship" of the sculpture and combined damages in excess of $75,000. According to the original contract, CSU paid Lawless $120 per year to display the sculpture plus nominal fees to maintain it.