Sculptor sues Macy’s over frog display

A shiny bronze frog is now the subject of a federal suit.

David Phillips, the Medford artist who in 2003 created six frog sculptures in the Boston Common near Frog Pond, is suing Macy's for exhibiting a replica of his "Fishing Frog" at its Downtown Crossing store during the Christmas season.

"Macy's ... copied Phillips' Fishing Frog sculpture without permission or authority from Phillips, and it used a copy of said statue in a Christmas window display facing Summer Street in its downtown Boston store," Phillips' attorney wrote. "Such copying, use and public display of the 'Fishing Frog' sculpture without Phillips' permission or authority ... constitutes an infringement of Phillips' copyright for which he is entitled to damages."

Phillips is asking Macy's to refrain from using the fishing frog. He also wants "all gains, profits and advantages derived by" Macy's from its use of the frog. If Macy's willfully violated Phillips' copyright, he wants up to $150,000.

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