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Art Law 201: Online Sales and Copyright in the Virtual Art Arena


Level: Beginner
Runtime: 91 minutes
Recorded Date: March 25, 2021
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Agenda

• COVID & Sales in the Art Market
        - Impact of pandemic on transactions and due diligence
        - Impact of Choice of Law on Title Disputes
        - NDAA Section 6110
• Copyright in the Virtual Art Arena
        - Exclusive Rights in Copyright Works 17 USC Section 106
        - Right to Display
        - Online viewing rooms v. Gallery websites
        - Fair Use Doctrine 17 USC Section 107
        - Public Domain        
        - Third Party Content & Fair Use
        - First Amendment & Artworks
        - Copyright Remedies 17 USC Section 504
        - DCMA (Digital Millennium Copyright Act)
        - Social Media & Infringement

Runtime
: 1 hour, 31 minutes
Recorded: March 25, 2021

Description

This program tracks the legal issues that will or have already arisen from the hard-economic impact of COVID-19 on the art market.

The seminar is presented by the Arts & Museum Division, as well as the International Division, of the Forum on the Entertainment and Sports Industries. Like consignments, the first topic in the Art Law 101 series, this webinar details the complex legal issues arising from sales transactions in the art industry. From fine art to antiques, sales in the art world are nuanced and require a thorough understanding of not only the art market, but of the various legal consequences which stem from these transactions.

The seminar similarly discusses contracts related to the sale of art, including contracts related to exhibitions, art fairs, and other special events. Given the vast cancellation of art fairs, exhibitions, and other related events, this seminar necessarily examines the various contractual doctrines implicated by COVID-related cancellations. Additionally, as online art acquisitions become the "new normal," there is a higher risk of forgeries and fakes, especially as potential buyers and their agents cannot examine the actual artworks or provenance documents in person. The webinar also addresses how the movement to online sales will require attorneys to rethink how to advise clients on copyright issues and ultimately how to address issues as they arise.

This program was recorded on March 25th, 2021.

Provided By

American Bar Association

Panelists

Judith Wallace

Managing Partner
Carter Ledyard & Milburn, LLP

Judith Wallace is the co co-chair of the Art Law practice and Managing Partner of Carter Ledyard & Milburn LLP in New York. She obtained her J.D. cum laude from Georgetown University Law Center.

Representing art collectors, artists, foundations, galleries and scholars, Judith Wallace advises clients in matters of art ownership, authenticity, commissions, consignment, sales, valuation and copyright. In addition to advising on transactions, Judith manages litigation and alternative dispute resolution relating to these issues, as well as disputes arising out of nonprofits, duties of fiduciaries and directors, and probate matters. She has been selected as a neutral at the newly established Court for Arbitration of Art, at the Netherlands Arbitration Institute in The Hague, The Netherlands.

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.


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