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Art Law Canvas (s):An Examination of Legal Issues Affecting the Visual Arts Community

- Location -
The Cornell Club
6 E. 44th St.
Ivy League Banquest Hall
New York, NY
518-487-5583

Description:

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

12:40 p.m.                   The Art of Mediation: A Transformative Approach to Conflict

A discussion of mediation and alternative dispute resolution (ADR) featuring Prof. Robert Baruch Bush, distinguished author and professor of Arbitration and ADR at Hofstra University School of Law.   Prof. Bush will discuss the importance of cultural understanding in the mediation process through cultural impact and how art is a reflection of our humanity. In order to be a better lawyer, and to encourage settlements it’s best for us all to be familiar with cultural understanding. It will help us all as attorneys to understand one another, our clients, and our adversaries.

1:10 p.m.                     Sex, Art, and the First Amendment

A discussion of First Amendment rights and limitations on artistic expression. Specifically, panelists will discuss NEA v. Finley, which examines the statutory funding guidelines requiring the NEA to consider artistic excellence, merit, and general standards of "decency and respect." Is this overly vague and subject to  discrimination in violation of the First Amendment's freedom of expression guarantees?) Finally, discussion of the Brooklyn Museum of Art and its legal battles with Mayor Rudolph Giuliani and the problem of conditions on government arts funding.

Moderator: Prof. Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law, Hofstra University

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.

2:00 p.m.                     Lunch Provided

2:10 p.m.                   Copyright it: Protecting the fruits of your labor

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.CopyrightIssues 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 he 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.                     Real or Fake? Warranties of Authenticity

Description: Discussion of the international art auction power houses (Sotheby’s & Christies) vs. small galleries. Power of Art on the Market Place, as an investment and how it enriches others lives. The legal ramifications of buying and selling art. Discussion of Thome v. Alexander & Louisa Calder Foundation: 890 N.Y.S. 2d 16 . Judge Ramos presided over regarding Slander of Title.

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; Don Oppenheim,Artist.

4:00 p.m.                     Coffee Break

4:10 p.m.                     Keynote Address – Art vs. Advertising:

                                        Legal & Ethical Considerations

Description: Art is Advertising, and Advertising is Art. The professionals in the “Ad world” and creative directors will discuss the creativity of art and how corporate suits restrain them from helping those who need honest advertising. Discussion topics will include deceptive     practices and false advertising, Constitutional Limitations on Advertising Regulation, The Evolution of the Commercial Speech Doctrine, and how Merchants use lists to target advertising/solicitations to the unsuspecting public.

Moderator: Prof. Norman Silber, Distinguished Professor of Consumer Law and

Dean of Intellectual Life

Panelists: Producers & Directors of the Sundance Film “Art & Copy”

JIMMY GREENWAY

KIRK SOUDER

JEFF MARTIN

5:00 p.m.                     Closing Remarks

                                    by Prof. Leon Friedman, Joseph Kushner Distinguished Professor of Civil Liberties Law

Accommodations for Persons with Disabilities:
NYSBA will make reasonable modifications/accommodations to allow participation in its services, programs, or activities by persons with disabilities. NYSBA will provide auxiliary aids and services upon request. NYSBA will remove architectural barriers and communication barriers that are structural in nature where readily achievable. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Carolyn Clayton at cclayton@nysba.org.

Tuition Assistance:
NYSBA members may apply for tuition assistance to attend this program, based on financial hardship. Under that policy, any member of our Association who has a genuine financial hardship may apply in writing, not later than five working days prior to the program, explaining the basis of his/her hardship, and, if approved, may receive tuition assistance, depending on the circumstances. For more details, please contact our CLE Registrar’s Office at (800) 582-2452.

The last day to pre-register online was April 8, 2010.

Members, please login to get member discounts.

Seminar
Attorney Registration	$175.00

Seminar
Attorney Registration	$200.00

Seminar
Attorney Registration	$25.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Kathy Heider at 800-582-2452 or kheider@nysba.org.