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Art Law 101: Consignment Agreements


Level: Advanced
Runtime: 92 minutes
Recorded Date: May 07, 2020
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Agenda

  • Consignment Agreements
  • Purchase and Sale Agreements
  • Copyright, VARA, and Trademark

Runtime 1 hour, 32 minutes
Recorded, May 7, 2020

Description

This seminar introduces the series of introductory webinars designed to examine the basics of art law. These introductory seminars will discuss various legal issues and developments that impact the art industry from the perspective of artists, dealers, collectors, galleries, auction houses, and museums. This seminar will provide an overview of the issues applicable to art consignments, including issues of agency, security interests, fiduciary duties, and warranties.

We will examine the intricate issues involving consignments between artist to gallery/dealer, gallery/dealer to gallery/dealer, collector to gallery/dealer, collector/artists to other vendors and digital venues. Through the examination of these relationships, we will present practical tips for negotiating these issues on behalf of your clients and drafting effective art consignment agreements.

At the end of this program attendees should be able to: 1. Comprehend common law and UCC issues arising from art consignments; 2. Identify the key legal issues regarding consignment agreements between artists and galleries/dealers, collectors and galleries/dealers, as well as, collectors and artists and digital venues; 3. Differentiate between the types of provisions required for consignment agreements between artists and galleries/dealers, collectors and galleries/dealers, as well as, collectors and artists and digital venues.

This program was recorded on May 7th, 2020.

Provided By

American Bar Association

Panelists

Emily Behzadi

Assistant Professor
California Western School of Law

Emily Behzadi is an Assistant Professor of Law at California Western School of Law. Ms. Behzadi teaches property and art and cultural property Law.

Ms. Behzadi obtained her juris doctorate from Georgetown University Law Center and her masters in art history from New York University Institute of Fine Arts.

Ms. Behzadi has taught courses in art and cultural property law and contracts drafting at Florida Agricultural and Mechanical University College of Law and Barry University School of Law. Ms. Behzadi has published articles in international and national legal journals and major media.

Ms. Behzadi has practiced in the areas of art and entertainment law, including intellectual property, contracts, immigration law, and civil litigation. Ms. Behzadi is the Chair of the ABA Young Lawyers Division Entertainment and Sports Law Committee and the Forum on the Entertainment & Sports Industries Young Lawyer Division Liaison. Ms. Behzadi is also the Vice-Chair of the International Division of the ABA Forum on the Entertainment & Sports Industries. She also serves as an Associate Editor of ABA TYL Magazine. In 2019, Emily was recognized as one of the Orlando Business Journal’s 40 under 40.

Alexandra Darraby

Founder & Principal
The Art Law Firm

Alexandra Darraby is a founder and principal of The Art Law Firm, a leading authority on arts, new media, technology, intellectual property, estates and trusts, insurance and risk management, and architecture. She advises collectors, curators, corporations, government agencies, insurance brokers and insureds on valuation, collection maintenance and management, exhibition and museum loans, and cross-border trade and duty.

Ms. Darraby authored the seminal art appraisal and valuation materials, taught appraisal law for the American Society of Appraisers, and the Appraisers Association of America, represents clients on valuation and appraisals on transactions and in court, and mediation. Comments, podcasts and interviews on the art markets, conservation, appraisal, museums and more appear in the New York Times, the Los Angeles Times, Art&Auction, Newsweek.com, MSNBC.com, NPR The World, Smithsonian Institution. Ms. Darraby is a consultant and court appointed expert on criminal and civil matters and served as an art specialist in Russia for the U.S. Department of State, and a consultant to other federal and local governmental offices. Ms. Darraby is invited keynote around the world.

Ms. Darraby Chairs Ethics and is Founding Chair of New Media for the ABA, International Section, Governing Committee for the Forum on Entertainment & Sports, Officer of the California State Bar International Section and incoming Vice-Chair, and a member of the Editorial Board of the Entertainment Sports Law Journal. Former professor Darraby is a Phi Beta Kappa, summa cum laude graduate, a B.A. from UCLA, a JurisDoctor from Boalt Hall, and a Master of Arts in East Asia from Berkeley. A Visiting Professor at University of Maine Law School and an adjunct at Pepperdine Law School, Ms. Darraby is the author of the comprehensive legal treatise anchoring the field, ART, ARTIFACT, ARCHITECTURE & MUSEUM LAW (Vol. 1 & 2: 18th ed.) published by Thomson Reuters West.

LeAnn Shelton

General Counsel and Director of Business Affairs
Rockwell Group

LeAnn Shelton, Esq., AIA, General Counsel and Director of Business Affairs for Rockwell Group, joined the company in 2008. A licensed attorney and registered architect with over 20 years of experience, she handles a wide range of design and legal issues related to entertainment, intellectual property, real estate, corporate affairs, non-profit, product licensing, employment, land use, and construction.

Prior to joining Rockwell Group, LeAnn was an Associate Principal at Ehrenkrantz Eckstut & Kuhn, and an Associate Partner at David Brody Bond. She was the Architect Member of the New York City Public Design Commission, and now serves on the New York City Loft Board - both mayoral appointments. In addition, she is the Vice President of the Associates of the Art Commission, and the Chair of the Arts and Museum Division of the Forum on Sports and Entertainment Law of the American Bar Association.

An expert in her fields, she has served on design juries and lectured on public art, cultural and economic development, and urban design for several prestigious organizations, AIA New York, AIA National, the American Bar Association, and the NYC Department of Design & Construction. LeAnn is a graduate of Amherst College, Columbia University Law School, and Columbia University Graduate School of Architecture, Planning and Design.


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