Mary Wozniak has a
package of stories in today's Southwest Florida News-Press on the
Rauschenberg-trash lawsuit. I'm quoted in
this one. The point I was trying to make is that even if you accept that Rauschenberg "abandoned" the physical objects at issue, that doesn't necessarily resolve the question of what
intellectual property rights he still has in them (e.g., under VARA). The latter question doesn't arise in the case of a couch, but it does when you're talking about works of art.