Intellectual Property

New York's Art Law Center Looks To Empower Creators

The Center provides artists and those interested in art law a resource for education, experience, and involvement.

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(Image via Getty)

Pity the artist, whether they be starving or otherwise without a litigation budget. While copying from artists is nothing new, the challenges to artists looking to have their day in court have recently multiplied, with no less an authority than the Supreme Court mandating that artists cannot even file a claim until the Copyright Office has registered their work (which can take up to seven months) and that artists cannot recover most of their costs, such as those for pricey experts, should they prevail in risky and expensive infringement litigation.

And it has never been more difficult for an artist to locate counsel with the experience to guide them through the often knotty copyright litigation process. As a member of a number of societies and groups dedicated to art and copyright, which act to shape the law and policy in myriad ways, I have noticed a trend amongst membership and leadership. While the makeup of these groups were at one point relatively balanced between artist and corporation, they have shifted over time to be almost completely dominated by lawyers primarily representing corporations, which are not always but often the (alleged) infringer in a copyright case.

Now, in fairness, some of these lawyers will also pursue a copyright claim from time to time, but the majority of their practice is defense work. Given the expense and know-how necessary to properly pilot a copyright claim, it is disheartening to see a dwindling number of firms that are dedicated primarily to the representation of artists and pursuit of infringement claims. And in a time where such representation has never been more important.

Luckily, a few organizations have emerged to somewhat level the playing field and to provide artists and those interested in art law a resource for education, experience, and involvement.

One such organization is the Center for Art Law, founded by Irina Tarsis, an art historian and an attorney. Based in Brooklyn, New York, the non-profit organization offers guidance and a roadmap for artists looking for a deeper understanding of the law or an attorney to assist them with a legal dispute, as well as instruction for law students and attorneys looking to represent artists in various capacities.

Over steaming mugs of coffee at Maman Cafe’s Greenpoint location, I spoke with Louise Carron, the Executive Director of the Center, who provided insight into the Center’s mission and its vision for the future.

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She started by noting that “art law” as a practice is somewhat of a misnomer, as art law includes a number of different legal disciplines, such as contract and intellectual property law. But, she noted, there was a growing interest in the area of art law and the Center was doing everything it could, given its resources, to address this interest.

The Center has matured to the point that it brings in a new class of students each summer to be steeped in the various components of art law. “We take on interns and fellows and mentor them in the field of art law in such a way as to navigate the evolving art law world and find their passion,” says Carron. The Center itself is passionate about assisting artists in what Carron calls the “often cruel” world of art law, and mentoring students with an interest for the subject is one way of setting the stage for the future.

In addition to helping create tomorrow’s art law practitioners, the Center engages directly with artists to empower them to enforce their rights and educate them so that they will feel confident enforcing their rights and navigating the courts in which their rights are enforced.

To that end, Carron and her team publish online articles, issue an email newsletter, and hold educational events, including a recent panel about art authenticity held at the VLA headquarters. In the Fall 2019, the Center will join forces with Pratt Institute for a three-part series, addressing subjects that may arise for artists, gallerists, and others in the business. “We write a lot on legal issues that may affect artists to raise awareness and address particular situations, including artists’ resale royalty rights and fiduciary relationships between galleries and artists,” she notes.

One of the most common questions that Carron receives relates to how to break into the art law scene. On that topic, she says, “I was a student myself not too long ago. And one thing people told me was ‘you will never end up in art law right away,’ and that I should try my hand at whatever came my way.” So, she tells aspiring art lawyers, “Be curious and read a lot of art history and more modern art law issues. And don’t hesitate to put yourself out there, do your research and have a couple of artists that you love and know well and can discuss with passion. Participate in clinics and, of course, subscribe to our newsletter and attend our events!”

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The Center, which has recently doubled its board-member count, is still in a growth phase. If you are an aspiring art lawyer and want to learn more about the Center, you can visit their website here. This year, the Center is celebrating it’s 10 year anniversary and is holding an inaugural art auction with works donated by emerging and established artists as well as art collectors with legal connections. With the charitable auction already live, until the 27th of June, and a preview at the fabulous Taylor Graham Gallery on June 25, the Center is looking to celebrate its history and to boost its fundraising efforts. You can bid on a number of wonderful visual art pieces that the Center is offering through auction and obtain tickets to the VIP Reception, where a silent auction will be held, here.

Scott Alan Burroughs, Esq. practices with Doniger / Burroughs, an art law firm based in Venice, California. He represents artists and content creators of all stripes and writes and speaks regularly on copyright issues. He can be reached at scott@copyrightLA.com, and you can follow his law firm on Instagram: @veniceartlaw.

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