In our November 1994 Newsletter (N.S. 184) we reported that in Carter v. Helmsley-Spear Inc. the District Court for the Southern District of New York held that the removal of a sculptural work incorporated into the lobby of an office building would violate the rights of the artists under the Visual Artists Rights Act of 1990 ("VARA") which provides "for protection of artists's 'moral rights' under the Copyright Act" and granted an injunction prohibiting distortion, mutilation or modification of the work. The Court of the Appeals for the Second Circuit has now vacated the injunction since the sculptural work was a work made for hire and a work made for hire is not protected by VARA. The Second Circuit reviewed the factors that the district court had used to determine that the sculptural work was not a work for hire and concluded that some of the district court's "factual findings...were clearly erroneous" and that the legal conclusion drawn from balancing the factual findings lead to the conclusion that the artists were employees rather than independent contractors.