Parthenon Selene Horse (source: Wikipedia)
ART LAW CANVAS(S):
AN EXAMINATION OF LEGAL ISSUES AFFECTING THE VISUAL ARTS COMMUNITY
FOR ARTISTS AND THE LAWYERS WHO HELP PROTECT THEM
When: Friday, April 9, 2010
Time: 12:00 p.m. – 5:00 p.m.
Location: CORNELL CLUB
6 East 44th Street,
New York, NY 10017
4 CLE Credits
Member CLE Cost: $175
Non- Member CLE: $200
Students/ Public: $25
12:00 p.m. Registration & Refreshments
12:30 p.m. Welcome & Introductory Remarks
EASL Young Lawyers Committee Co-Chairs - Stephanie Khalifa & Rachel DeLetto
President of Art Law & Culture Society - Monica Pham
THE ENTERTAINMENT ARTS & SPORTS LAW SECTION OF THE NEW YORK STATE BAR ASSOCIATION
ART LAW & CULTURE SOCIETY, PRESIDENT MONICA PHAM
Portion of proceeds will be donated to
Haiti/Chile relief organizations.
12:40 p.m. The Art of Mediation- THE TRANSFORMATIVE APPROACH TO CONFLICT
Dealing with the Interaction not just the Transaction: Embedded within every transactional conflict, especially when creative properties are involved, is the history of the human interaction between the creative personalities involved. To address the transaction itself, without also addressing the interaction, may resolve the claims, but it will likely not resolve the residue of the poisoned interaction that gave rise to those claims. Transformative mediation offers a way to address both the transactional and interactional dimensions of conflict involving creative enterprises.
Prof. Robert Baruch Bush, Author of The Promise of Mediation, and Harry H. Rains Distinguished Professor of Arbitration and Alternative Dispute Settlement Law
1:10 p.m. Real or Fake? Warranties of Authenticity
A discussion of the relationship between the major international art auction houses Sotheby’s and Christies and small galleries. Art is an investment, but it is also part of our cultural heritage. What rights and obligations accompany the purchase and sale of art? The panel will discuss Thome v. Alexander & Louisa Calder Foundation, 890 N.Y.S. 2d 16 (2009) in which Judge Ramos held that the Calder Foundation had no duty to authenticate a work of art.
Moderator: The Honorable Charles Ramos, NYS Supreme Court, Commercial Division
Panelists: The Honorable Barbara Jaffe, NYS Supreme Court, Civil Division; Jay Safer, Esq., Partner, Locke, Lord & Bissell; John R, Cahill, Esq., Partner, Lynn & Cahill LLP; Jo Backer Laird, Esq., Of Counsel, Patterson Belknap Webb & Tyler LLP; Dennis Oppenheim, Artist.
2:00 p.m. Lunch Provided
Mesclun Salad of Field Greens with Housemade Vinaigrette, Traditional New York Style Cole Slaw, Black Forest Ham, Sliced Grilled Tarragon Chicken Breast, Smoked Pork Loin, Roast Beef, Mesquite Smoked Turkey Breast, Hummus and Pita Triangle Platter, Basket of Bread and Rolls
Grilled Vegetable Platter, Asian Chicken and Cashew Noodle Salad, Chicken Salad with Walnuts and Cranberries, Israeli Cous Cous Salad with Roasted Mushrooms, Horseradish Mayo, Red Pepper Basil Aioli Honey Dijon
Club-Baked Assorted Cookies, Basket of Whole Fruit to Include Apples, Oranges and Bananas
Coffee and Tea Service, Assorted Soft Drinks and Iced Tea
2:10 p.m. Copyright it: Protecting the fruits of your labor
A discussion of artistic authenticity and originality. What happens when an artist appropriates the work of another artist? This panel will address copyright issues that affect contemporary artists, including moral rights, resale rights, and the scope of fair use. When is an artistic expression protected by copyright and when does it infringe another’s copyright? Another angle of the "real" versus "fake" discussion is the idea of: "original" versus "copy" and whether an artist him/herself appropriated the work of another. Copyright Issues particularly pertinent to artists, moral rights and resale rights will be discussed. The following questions will be addressed: What is fair use? What is copying? How can an artist properly justify what he or she has originally created and what is “inspiration” from another source? How can artists protect themselves?
Moderator: The Honorable R. Bruce Cozzens (Civil Division)
Panelists: Raymond Dowd, Esq., Partner, Dunnington, Bartholow & Miller LLP; Sergio Munoz Sarmiento, Esq., Associate Director, Volunteer Lawyers for Arts; Jason Nardiello, Esq., Associate, Locke, Lord & Bissell; Amy J. Goldrich, Esq., The Offices of Amy Goldrich; Paul Ickovic, Artist
3:00 p.m. Sex, Art, and the First Amendment
A discussion of First Amendment rights and limitations on artistic expression. NEA v. Finley held that the statutory funding guidelines requiring the NEA to consider artistic excellence, merit, and general standards of “decency and respect” do not violate the First Amendment. Does it encourage discrimination in violation of the First Amendment's freedom of expression guarantees? How did it affect the Brooklyn Museum of Art and its legal battles with Mayor Rudolph Giuliani and the problem of conditions on government arts funding more generally?
Moderator: Prof. Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law, Hofstra University School of Law
Panelists: Imo Imeh, Artist, and Ph.d Candidate at Yale University; Dean R. Nicyper, Esq., Partner, Fleming, Zulack, Williamson, Zauderer LLP; Marjorie Heins, director of the Free Expression Policy Project or author of Not in Front of the Children: “Indecency,” Censorship & the Innocence of Youth, Prof. Leon Friedman, Joseph Kushner Distinguished Professor of Civil Liberties Law.
4:00 p.m. Coffee Break
4:10 p.m. Keynote Address – Art Law Problems in Search of Solutions: from Adverse Possession to World Art law Systems
Professor Herbert "Bert" Lazerow- Professor of Law and Director of the Institute on International and Comparative Law, at the University of San Diego will examine all issues discussed by all the panels.
5:00 p.m. Closing Remarks by Prof. Leon Friedman, Hofstra University School of Law
A Portion of the Proceeds will go to the following Organization:
IN THE HEART OF PORT-AU-PRINCE: GHESKIO RELIEF IN HAITI
GHESKIO establishes refugee camp and field hospital for thousands of earthquake survivors and continues AIDS care
For More Information please go to:
General Public, Artists & Law students are encouraged to attend!!