UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STEVEN TOBIN, Plaintiff COMPLAINT v. Case Number: PARISH OF TRINITY CHURCH. Defendant 1 INTRODUCTION This is an action under the Visual Artists Rights Act of 1990 (VARA) to remedy an affront and damage to an acclaimed artist?s honor and reputation. and to return an iconic sculpture, together with soil and DNA from 9/1 I embedded in its patina. tn the site it was created for and was promised it would occupy. JURISDICTION AND VENUE 1. This Court has jurisdiction under 28 U.S.C. and l338(a) because this action arises under the Visual Artists Rights Act of 1990 l7 U.S.C. et seq. and the Declaratory Judgment Act. 28 U.S.C. 220l and 2202. 2. Venue is proper in the Southern District of New York under 28 U.S.C. I) and (2) because the defendant resides in this district. the events or omissions giving rise to the claim occurred in this district. and the property that is the subject ofthe action for over ten (10) years was situated in this district. THE PARTIES AND THE SCULPTURE 3. PlaintilT Steven Tobin is a highly regarded visual artist based in Coopersburg, and ?the author of a work of visual art? under 17 U.S.C. 'l?obin is the ?unit of The Trinity Root. a sculpture which be conceptualized. deeigned, created and installed in the courtyard of Trinity Church at Broadway and Wall Street (the ?Courtyard"). The Trinity Root is a work of recognired stature and has become Tobin?s besbknown work of art. Tobin has a substantial professional and reputatioml interest in ensuring the protection and survival of his work in the permanent site for which it was cmmnissioned and created and for which he donated and installed it. Tobin?s professional biography is attached as Exhibit A. 4. Defendant Parish of Trinity Church (the ?Church?) is a religious organization. It is a member of the Episcopal Diocese in Manhattan that has been part of New York City's history for more than three hundred years. Trinity Church and St. Paul?s Chapel are the cornerstones of the Parish?s community life. worship and mission. The Parish is also a major commercial landlord of property located in downtown Manhattan. As reported in its ZOIS audited ?nancial statements, the year-end appraised value of the Parish?s interest in real estate was approximately $3.4 billion. In 2015. the Parish spent $66.8 million on ministry activities including $23.3 million for its parish programs and outreach ministries. S. The Parish is the owner of The Trinity Root. having commissioned it from Tobin in 2004 and received it as a charitable donation in September 2005. when it was dedicated and installed within the Comtyatd. The Courtyard is immediately south ofSt. Paul?s Chapel and the site of the World Trade Center?s destruction on September 1 I. 200l . 6. As is more fully described below. The Trinity Root is a cast bronze sculpture ?fteen feet wide. twenty feet deep and thirteen feet high that weighs more than three tons. A poster produced by Trinity Church that depicts The Trinity Root at its location within the Courtyard is attached as Exhibit B. $113981 7. Congress enacted the Visual Artist Rights Act in 1990. as an Amendment to the Copyright Act. VARA extends to visual artists legal protection of their moral rights of attribution and integrity. l7 U.S.C. 106A. VARA's de?nition of a work of visual art includes a ?sculpture, existing in a single copy," id, such as The Trinity Root. 8. 1990 from ?any intentional distortion. mutilation. or other modi?cation of that work which would be prejudicial to his or her honor or reputation.? Id. l06A(a)(3)(B). 9. Works of ?recognized stature? such as The Trinity Root are further protected from ?destruction? which is ?intentional or grossly negligent.? Id. 10. The Act?s protection against destruction. distortion. mutilation. or modi?cation prohibits the removal of sculptures such as The Trinity Rom from a site when they are created for and intended to be permanently installed at that speci?c site. This protection could have been waived with respect to The Trinity Root if 'l?obin had executed a ?written and express waiver his rights under VARA and the speci?c uses to which the VARA waiver applies.? However, no such written and express waiver was executed by Tobin in connection with The Trinity Root. FACTUAL BACKGROUND ll. When the World Trade Center collapsed on September ll, 2001, a hundred-year- old sycamore tree standing in the churchyard of Trinity Church?s St. Paul?s Chapel at Buniway and Wall Street miraculously sheltered St. Paul?s Chapel from the blast and debris and preserved the chapel intact from damage. The tree itself became a casualty, toppling over with its roots exposed without disturbing the historic tombstones in the churchyard. In the weeks and months atter the attack. the chapel served as a relief and counseling center for recovery and emergency teams. providing fraud, respite and quiet sanctuary from the grim scene outside, a place to post 3 ?missing? posters for loved ones not recovered from Ground 'lero, and solace for families of victims and parishioners. 12. Tobin?s signature works have been large structures of root systerns of trees. Moved by the attack. the tree?s sacri?ce and the preservation of the chapel. Tobin resolved to give a unique aesthetic and spiritual offering to Trinity Parish and the people of New York City. He proposed to create and donate for permanent installation in Trinity Church?s courtyard a full- size reproduction of the tree?s intricate root structure and stump cast in bronze, containing within its patina actual DNA from victims of the attack that came to rest in soil within St. Paul?s churchyard. its purpose was to memorialize the site of a 9111 event of grace and celebrate the tree?s role and sacri?ce in protecting the chapel and wurtyard from harm. The intent. spirit and design of the sculpture its aesthetic essence and spiritual meaning - were inextricably speci?c to that site. 13. As recounted by The Episcopal News Service. "After hearing the story of the sycamore, sculptor Steve Tobin decided to use the tree?s roots for inspiration, envisioning them as a metaphor for the strength and connectedness of St. Paul?s ministr) in the aftermath of 9/ I I. He also wanted his vtork to honor the victims. volunteers and rescue workers." A copy of 'lhe Episcopal News Service story is attached as Exhibit (2. l4. Locating the sculpture in the Courtyard and designating ?The Trinity Root as the name of the piece were discussed with and approved by Linda Haniclt, the Vice President of Communications for the Church. As Ms. Hanick later explained to the New York Times, 1.8 million people visited Trinity Church and St. Paul's Chapel in 2004. many on pilgrimage: to ground zero. and St. Paul's was looking forward to having a kind of visual anchor that would not only throughart. Acopy of the New York Tim article is attached as Exhibit D. 15. Tobin's sketch of the proposed sculpture framed by the Courtyard site where it would be installed was also approved by the Church. Approval of the sketch was a requirement of Tobin?s contract with the Church It the sketch or a revision had not been approved, Tobin?s commission to create the sculpture would have been terminated. A copy of the approved sketch is attached as Exh?iit E. l6. During the year-long period between the Church?s approval of Tobin?s sketch and the installation of The Trinity Ram in the Courtyard, the Church repeatedly stated or acquiesced in statements by others that the sculpture?s home would be permanently in the Courtyard. On August 9. 2004. Kathleen Rogers, Tobin?s manager and communications consultant. submitted a press release to CBS Sunday Morning which stated that Tobin?s sculpture WI be permanently sited at the corner of Wall St. and Broadway.? The release was reviewed and approved by the Church. It also contained a statement by Trinity Church?s Rector. the Rev. James H. Cooper. In addition. it quoted Tobin as saying. feel that this memorial recognizing the uplilting response to the disaster will be the most important sculpture of my career. and I am honored to be given this Opportunity by my friends at Trinity Church? A copy of the press release is attached as Exhibit F. 17. A year later. the Augmt 2005 Parish Administration edition of The Living Clam-h, a weekly publication serving Episcopalians. published a feature article about Tobin's sculpture which stated that, ?When the sculpture is completed, by September ll, 2005, it will be permanently sited at the corner of Wall Sheet and Broadway in Lower Manhattan, against the backdrop of the imposing Gothic Trinity Church.? A copy of The Living Church '5 article is attached as Exhibit G. 18. On July 6. 2005. The New York Times wrote that the sculpture ?will be installed and dedicated near ground zero on Sept. 11. becoming the first substantial permanent memorial in the area." The Times article included comments from Linda Hanick. the Vice President of Communications for Trinity and St. Paul's. A July 9. 2005 correction on the Times website noted that certain information about the location of a plaque lad been omitted from the article. However, the article?s af?rmation that the sculpture would be a ?pemianent? memorial at the site where it was imtalled and dedicated was not subject to correction or demur by the Church. either to the public or directly to Tobin. A copy of The New York Times article is attached as Exhibit H. 19. Similarly. the Church did not challenge or correct public declarations that appeared in the Anglia 2005 National Geographic Magazine that "Tobin?s lS-foot~high. 23- foot-widc bronze sculpture of the stump and roots will be permanently placed in the yard of St. Paul?s parent church. Trinity,? and in the December 2005 edition of Sculpture Magazine that ?Steve Tobin?s Trinity Root was installed at its permanent site on the corner of Wall Street and Broadway in Lower Manhattan on the anniversary of 9/11.? Copies of the National Geographic and Sculpture Magazine articles are attached as Exhibit 1. 20. In addition, on May 9, 2005 and again on September I, 2005, The Episcopal News Service published articles about the sculpture's impending installation and dedication. The articles quoted Tobin?s own statements that he was honored ?to make something that will he a lasting monument.? Copies of The Episcopal News articles are attached as Exhibit J. In reliance upon the Church?s commitment that The Trinity Root would be a permanent memorial located on the speci?c Courtyard site as depicted in the approved sketch. Tobin and his crew of assistants devoted more than 20.000 hours of labor to creating the sculpture. Over a period of more than a year. they preserved the original sycamore tree?s stump and root structure. molded and cast hundreds of intricate bronze roots and branches in Tobin?s studio foundry and welded them together to create The Trinity Root sculpture. For the sculpture's patina. Tobin applied actual dirt taken from the courtyard containing matter. particles and DNA that had come to rest there from the World Trade Center?s destruction 22. With the assistance of the New York City Police and Fire Departments. the George Washington Bridge was closed to enable Tobin to transport The Trinity Roar from his studio in to lower Manhattan, where it was installed by crane under Tobin's supervision at its site in the Courtyard. Because the sculpture is composed of hundreds of fragile individual pieces welded together to form a single integral work of art. in order to avoid damage to its physical and artistic integrity Tobin and his expert team of riggers were required to supervise and carry out attaching and lifting the sculpture by crane from Tobin?s studio. securing it onto and within a specially-designed wooden cage and cradle on top of an oversized ?atbed truck for transportation from Tobin?s studio to Trinity Church. and attaching and lilting the sculpture by crane from the transport vehicle to its site in the churchyard. Photographs of The Trinity Root transported to New York City within its wooden cage and cradle are attached as Exhibit K. 23. On September ll, 2005. the sculpture was dedicated with pump and ceremony at the culmination of a public procession from Ground Zero during the Church?s interfaith memorial and reconciliation service. The installation and dedication ceremony. at which Dr. Cooper of?ciated and referred to The Trinity Root as a ?permanent" memorial. were the subject of news reports by media including The Daily News, Newsdto'. The New York Sun. CNN and The sculpture?s installation and dedication were also recorded by the Church on a CD disk that was offered for sale at the Trinity Church gift shop. Photographs of the installation. the dedication ceremony and crowds visiting the sculpture therealler are attached as Exhibit K-l. A You'l'ube video that depicts the creation, transportation. installation and dedication of The Trinity Root can be viewed at 24. To celebrate the installation of the sculpture, the Church published a full-page photograph of The Trinity Root standing in the Courtyard in Art in America, a leading American art-world publication. Under the title, The Trinity Root Steve Tobin I dedicated LOS. New York City. the Church?s text stated that, ?Trinity Church proudly announces the delivery of this commissioned sculpture that stands as a lasting memorial to the events of September 11. 200! and the heroic response of many. Shed at the cor-net of Wall Street and Broadway in lower Manhattan. Cast Bronze. 15' wide 20? deep at IT high.? A copy ofthe page is attached as Exhibit (emphasis in the original). 25. The entire cost to Tobin of creating and installing The Trinity Root. including transporting and preserving the original tree stump. materials. insurance, transporting and installing the sculpture, Tobin?s own time and the salaries of his crew of a doren assistants, plus the opportunity cost of foregoing other projects and their compensation for a year, was more than a million dollars. Tobin took out a home equity loan to enable him to absorb that expense personally. 26. As set forth above, along with Tobin?s artistic inspiration. its historical and cultural signi?cance and the technical skill it incorporated, The 'lh'm'ty Root was imbued with a deep element of honor and reputation. With the approval of the Church. the press release announcing the inception of the project contained Tobin?s af?rmation that. feel that this memorial recognizing the uplifting response to the disaster will he the most important sculpture of my career. and I am honored to be given this opportunity by my friends of Trinity Church.? in his comments quoted by the Episcopal News Service articles in May and September 2005. Tobin reaf?rmed that honor permeated the sculpture for himself as the artist allowed to become its creator and donor, and through him as a memorial to honor the victims. the response of St. Paul's to 9/ I I and the recovery and emergency teams. 27. During the decade alter the seulpture's installation in the courtyard. many millions of visitors to New York City walked under and through it. touched its undulating root branches and pondered its signi?cance. in the words of Dr. Cooper. the Church hoped that they would tmderstand that The Trinity Root would ?honor those who died, but then as a root it would also be an encouragement that something is going to grow from it . . . a powerful cynosure, embodying religious sentiment without being an overtly religious symbol . . . For us hope and promise ofthe resurrection. When our roots go deep in faith, we can ?nd new life." Many visitors and families of victims have written to Tobin to thank him for the memorial, and to say that they had found solace through visiting The Trinity Root. 28. In May 20l5, Kathleen Rogers contacted Nathan Broekman. a representative of Trinity Church, to suggest that after nearly ten years of public display it might be time to restore the sculpture?s patina. using dirt from the St. Paul?s churchyard that Tobin had preserved for that purpose. To her and Tobin?s surprise, she was told that Trinity Church's new Rector. the Rev. Dr. William Lupfer who had taken of?ce in February 2015. considered the sculpture ugly and wanted it to be removed. Brockman asked whether Tobin would consider taking the sculpture back to his studio or have it relocated somewhere else at the Church?s expense. At the same time, Mr. Brockman assured Ms. Rogers that the Church had no plans to remove the sculpture from the Courtyard. 29. In a subsequent conversation, Mr. Brockman told Kathleen Rogers that Dr. Lupfer intenad to send The Dinio' Root away because he did not want non-parishioners and ?hoards of strangers? to continue to crowd the Church?s courtyard. However. in an email responding to an inquiry from the Wall Street Journal reported on August I7, 2015, Mr. Broekman stated that Trinity had no plans to move the sculpture ?at this time.? 30. Nevertheless, at nearly ?ve pm on Friday a?emoon, December 11. 2015. Mr. Brockman called Tobin and told him that the Church wan ?repurposing? the site where The Trinity Root was located and that the Church wanted to move the sculpture to Tobin's studio or to a seminary in Connecticut. Tobin replied that moving the sculpture would destroy its artistic in its patina Tobin also told Mr. Broekman that time would be needed to prepare to move the sculpture and that it could be destroyed structurally if it were cut into pieces or was lifted incorrectly. Mr. Brockman asked Tobin when he would call back with a decision about what Tobin would we to do. When Tobin said he needed to think about the Church?s request and that he would call in the following week. Mr. Brockman said that would be ?ne. 31. On the alter-noon of Monday, December 14. 20l5, Tobin called Mr. Brockman. Tobin told Mr. Broelunan that he had checked with his foreman and that if the piece were cm apart to be moved its structural integrity would be destroyed. that Tobin?s own specialized shipper had the ability to move it. but that Tobin did not agree to its being moved from the location that the Church had promised would be permanent because it was a site speci?c work of art. 10 32. After further urging Tobin to consent to relocating the sculpture, Mr. Brockman said that he was ?getting off the phone now.? Tobin then told Mr. Broclunan that he would bring hischildrentoNewYork Cityonthefollowing Saturday created at its intended site in the Corn-tyrant which they had not yet done. At that point. Mr. Brockman confessed that the had in fact removed the sculpture from the churchyard without notice or ceremony during the night hours between December 11" and December 12? and that it was already in Camcticul. 33. In January 2016. Mr. Brockman further revealed to Tobin that the sculpture had been damaged during its removal by the Church. Mr. Brockman texted to Tobin that. ?If you are proposing to our property. we will allow the work, which would be done at your expense." (Emphasis added.) Mr. Brockman later advised Tobin that While the sculpture was then located at the Church?s West Cornwall. Connecticut property in the rural hills of northwestern Connecticut, it would be moved a second time to a site at the Trinity Conference Center in Connecticut. Upon information and belief. the sculpture is currently located at that second Connecticut site. Photographs provided by the Church of damaged roots broken off the sculpture are attached as Exhibit 34. In a statement to Arm: News in the summer of 2016, the Church con?rmed that what it termed ?some minor, reparablc damage,? ?did occur to the sculpture as an unforeseen consequence of the move." Tobin has not personally inspected the sculpture or the extent of the breakage, but he believes that it is substantial based upon photographs provided by the Church with huge pieces broken off. Upon information and belief. the damage caused by the Church has destroyed the structural integrity and the artistic integrity of the sculpture. A copy of the Arm: News article is attached as Exhibit M. ll 35. A copy ofa July 6, 2016 article in The New York Times reporting that, ?As for the condition of the sculpture, Mr. Broeltman acknowledged that it had not survived the move to Connecticut unharmed . . is attached as Exhibit N. FIRST CAUSE ACTION - DECLARATORY JUDGMENT 36. Tobin repeats and re-alleges each and every preceding paragraph as if fully set forth herein. 37. Tobin and the Church entered into an agreement dated as of August 4, 2004 (the ?Agreement?). The Agreement acknowledged that Tobin ?is a welloltnown professional artist who has received wide critical acclaim." A copy of the Agreement is attached as Exhibit 0. 38. The Agreement further provided that ?Tobin agrees to prepare one color sketch of the Sculpture for Trinity?s approval prior to commending work on the Sculpture.? As is more fully set forth above, The Trinity Ron! was offered by Tobin and accepted by the Church as a site speci?c work of art to be permanently located at the site within the Trinity Courtyard depicted in the sketch that was approved by the Church. 39. Under the heading the Agreement further provided that ?Tobin hereby transfers and assigns to Trinity by charitable donation all right, title and interest to the Sculpture and all materials related thereto (including but not limited to all sketches. photographs and audio-visual footage), including but not limited to the copyright therein, and any cause of action that Tobin may have with respect thereto, in perpetuity throughout the universe, for use in any manner and in any media now known or hereafter invented.? This provision does not constitute an express written waiver of Tobin?s rights under VARA. 40. A judgment should issue declaring that Tobin has not waived his rights under VARA with respect to The Trinity Root. 12 SECOND CAUSE OF ACTION - DECLARATORY JUDGMENT 4l. forth herein. 42. The Agreement find-let provides that ?Tobin understands that Trinity has not promised the public exhibition of the Sculpurre. and that Trinity may loan the Sculpture to third parties as Trinity deems appropriate.? 43. In a statement emailed to Amie: News alter the sculpture was removed from the Courtyard and transported away to Connecticut. the Church contended that such removal was proper and said that ?The original. signed agreement between Trinity and Mr. Tobin never discussed a permanent installation." See Exhibit M. 44. As set forth above, through statements by its own representatives published in its own publications. by approving Tobin's sketch of the proposed sculpture located in situ in the Courtyard. and by choosing not to challenge or correct statemean by Tobin, his communications consultant's press release and reports published by the press. the Church agreed that The Trinity Root was a site-speci?c work of art and committed to Tobin that The Trinity Root would be located permanently in the Trinity Courtyard. 45. The understanding recorded in the Agreement does not alter, repudiate or waive the Church?s commitment that The Trinity Root would be permanently located in the Trinity Church Courtyard. It did not authorize the Church to remove the sculpture and transport it to the Church's own property in Connecticut, including the Trinity Conference Center. 46. Instead. the understanding indicates that the Church might not allow the public to come physically into the Courtyard to touch and wander through the sculpture?s roots and lunches. while a loan to a third party would require that the sculpture be reamed to its 13 permanent location in the Cormyard. 47. A judgment should issue declaring that the permanent location for The Trinity R00: is the Trinity Courtyard. THIRD CAUSE OF ACTION - VIOLATION OF VARA - INJUNCT ION 48. Tobin repeats and re-allegea each and every preceding paragraph as if fully set forth herein. 49. The Church?s removal of The Trinity Root. a site-speci?c work of art. from the Courtyard and continuing refusal to return it there is an intentional distortion, mutilation and modi?cation of the work which is prejudicial to Tobin's reputation and honor and which Tobin has the right under VARA to prevent. 50. An injunction should issue requiring the Church to return The Trinity to the Courtyard. FOURTH CAUSE OF ACTION - - INJUNCTION SI. Tobin repeats and each and every preceding paragraph as if fully set forth herein. 52. Tobin relied to his detriment upon the Church's promise that The Trinity Root would be permanently located in the Courtyard Without that promise, Tobin would not have devoted his artistic creativity, time. energy and funds to creating The Trinity Roar. donating it to the Church and transporting and installing it in the Courtyard. 53. The Church is estopped from continuing to maintain The mm Root in a location other than the Courtyard. 54. Tobin has no adequate remedy at law. 55. An injunction should issue requiring the Church to return The Trim R00: to the 14 Courtyard. FIFTH CAUSE ACTION - VIOLATION OF VARA DAMAGE TO HONOR AND REPUTATION 56. Tobin repeats and re-alleges each and every preceding paragraph as if fully set forth herein. 57. The Church?s removal of The Trinity from the Courtyard. including the manner of its removal in the dead of night without ceremony, notice or explanation to the public or Tobin, has caused great prejudice to Tobin?s honor and to his reputation. 58. The Church's removal of The Trinity from the Courtyard. including the manner of its removal in the dead of night without ceremony, notice or explanation to the public or Tobin oomtitutes a willful violation of Tobin?s rights under VARA. 59. Tobin is entitled to recover damages in an amount to be determined by the Court and not less than the maximum statutory damages of $100,000. SIXTH CAUSE OF ACTION - VIOLATION OF VARA DESTRUCTION OF THE TRINITY ROOT 60. Tobin repeats and re-alleges each and every preceding paragraph as if fully set forth herein. 61. Representatives of the Church were present when The Trinity Root was delivered by truck within its special-designed wooden cage and cradle to the vicinity ofthe Courtyard and was unloaded and installed by crane during daylight hours under the supervision of Tobin and his team of expert riggers. 62. Upon information and belief, the Church knew that removal of The Trinity Root from the Courtyard, its transportation to and installation in its ?rst location in Connecticut. and its subsequent removal. to and installation in its second location in Connecticut 15 required special equipment. special expertise and a high degree of care to lift. transport and lower it without damage. 63. Upon information and belief. the Church knew that The Trinity Root was a faithful and precise reproduction in bronze ofthe actual sycamore tree?s root surname and was composed of hundreds of branches, some tapering down to tendrils as thin as an inch. 64. The actual sycamore tree?s stump and root structure are no longer in existence and cannot become models for replacing damaged components of The Trinity Roar. 65. As noted above, Tobin told Mr. Broekman that Tobin's specialized shipper had the ability to move the sculpture. 66. As noted above, the Church has admitted that The Trinity Root was damaged when it was moved by Church. 67. The Church?s conduct in moving The Trinity Root without ?rst eonatlting Tobin; without engaging Tobin's shipper to perform the moves; upon information and belief, without utilizing the specially-designed wooded cage and cradle or its functional equivalent during the transportation phases of the moves: in removing the sculpture from the churchyard at night. and in its performance of the removal and moves themselves, was grossly negligent 68. The Church's grossly negligent conduct caused the damage to the sculpture that the Church has admitted. 69. The damage caused by the Church has destroyed the physical and aesthetic integrity of The Trinior Roar. 70. The destruction of the physical and aesthetic integrity of The 7mm Root constitutes a violation of Tobin?s rights under VARA. 'l?obin is entitled to recover damages in an amount to be determined by the Court l6 and not less than the maximum statutory damages of 5100.000. SEVENTH CAUSE OF ACTION - BREACH OF CONTRACT 72. Tobin repeats and re-alleges each and every preceding paragraph as if fully set forth herein. 73. 'l'obin offered to create The Trinity Root at his own expense and to deliver and donate it to the Church if the Church would agree that it would be located permanently at the site in the Church's Courtyard depicted on the pniposal sketch that Tobin submitted to the Church. 74. As evidenced by the Church?s approval of the sketch and later in the August 2005 Parish Administration edition of The Living Clna'eh noted above and the additional statements and documents noted above, the Church accepted Tobin?s offer and thereby contracted with 'l'obin that The Trinity Root would be located permanently in the Courtyard. 75. By removing The Trinity Root from the C0tu1yard. the Church has breached its contract with Tobin. 76. 'l'obin is entitled to recover damages in an amount no less than the in excess of one million dollars incurred by Tobin in creating The Trinity Root, plus applicable interest WHEREFORE, Plaintiff demands judgment as follows: Declaring that Tobin has n0t waived his rights under VARA with respect to The Trinity Root: Declaring that the permanent location for The Trinity knot is the Trinity Coward; Enjoining the Church to return The Hairy R001 to the Courtyard; For violation of Tobin's rights under VARA by causing prejudice to Tobin?s honor and reputation. awarding damages to Tobin in an amount to be determined by the 17 Court and not less than the maximum statutory damages of 8100.000; 1" or destruction of the physical and aesthetic integrity of The Trinity Root in violation of Tobin's rights under VARA. awarding damages to Tobin in an amount to be determined by the Court and not less than the maximum statutory damages of $100,000; (1) 1n the alternative, for breach of the Church's contract that The Trinity would be located permanently in the Courtyard. awarding damages to Tobin in an amomtt to be determined by the Court but no less than the cost in excess of one million dollars incurred by Tobin in creating The Trinity Root. plus applicable interest; (3) Awarding Tobin his attorneys? fees pursuant to 17 U.S.C. ?505 and costs of the action; and Awarding such other and further relief as the Court deemsjust and proper. Dated: New York, New York April 12. 2017 HON. STEVEN S. HONIGMAN - 8113986 500 East 77FStroct New York New York 0 62 Tel: (202) 549-4917 Fax: (917) 591-7364 icycnahonigrnanl vcrimn_.net GALE P. P.C. By: 4 Gale P. Elston. Esq. - ore-1405 7 07f" 7 Mctrotech 365 Bridge Street 3PRO Brooklyn. New York 11201 Tel: (718) 522-5482 Fax: (212) 966-5807 g3?! galcpc lstonpgcom Attorneys For Plainti?