From the San Francisco Chronicle: Two San Francisco artists plan to appeal a jury verdict that found a
Nevada farmer wasn't liable for torching a replica of a Spanish galleon
that was abandoned for years after a Burning Man Festival.....
The pair sought damages from a 57-year-old Reno rancher, Michael Stewart,
whose lawyers say he was simply clearing land he acquired when he
burned the ship in 2006 after its display in several Burning
Man festivals.
The
artwork was built around a school bus with what the rancher says was a
broken axle. The artists insist they never meant to abandon it.
The
jury decided the artists had abandoned their work, but their lawyer
insisted the replica galleon was a type of art protected by the U.S.
Visual Artists Rights Act of 1990, regardless of its location on
private land.
U.S. Magistrate Judge Robert McQuaid Jr. ruled Thursday that the ship was little more than a mode of transportation and not a piece of fine art....
After
sitting abandoned for two years in the harsh Nevada desert, the once
iconic ship was more a rusty eyesore than a crowned jewel, Stewart's
lawyer Keegan Low said.
Stewart
considered the ship "junk" and torched it when he acquired the private
property where it was stored, court documents show.
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