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Art Law Keyed to Gerstenblith, 4th Ed.
Shine v. Childs
Citation:
382 F. Supp. 2d 602 (2005)Facts
In fall 1999, Thomas Shine was a graduate student at Yale School of Architecture taking a studio class on skyscrapers taught by Cesar Pelli. He developed two designs: “Shine ’99,” a preliminary model of a twisting tower with two straight parallel triangular sides connected by two twisting facades with setbacks, and “Olympic Tower,” a more sophisticated design featuring a symmetrical diagonal column grid creating an elongated diamond pattern with a textured curtain wall. On December 9, 1999, Shine presented Olympic Tower to an expert jury including defendant David Childs, who praised the work extensively. The presentation was featured in Yale’s alumni magazine with Childs’ complimentary comments. In summer 2003, Childs began designing the Freedom Tower for the World Trade Center site, unveiling the design on December 19, 2003. Shine registered his works with the U.S. Copyright Office in 2004 and filed suit alleging that Childs copied his designs.
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