Program

2023 Art Law Day Program

We thank our Barrister Sponsor!

Friday, November 10, 2023

Keynote Address: Adam Gopnik, Writer, The New Yorker
Adam Gopnik will speak on the difference between achievement and accomplishment, both in the education of our children, and, more broadly, in the later education of ourselves. Accomplishment, driven from inside, turns out to be life-saving—and life-enhancing—in ways that achievement, enforced from without, is not. Even in our later life, attempting an impossible task makes meaning more obtainable—and serves as the foundation on which liberal democracy can grow.

9:30 A.M. - 10:45 A.M. EST

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AI, IP and Andy Warhol: The Value of Authorship
What's in a name? Identifying a specific author, whether individual or cultural, is typically where an assessment of the value of an artwork begins. But as we know from centuries of changes in historical modes of creative production and the advent of new technologies, 'authorship' can be a shifting category. The establishment of legal regimes regulating the identities and rights of authors, particularly copyright and moral rights, has played a significant role. This panel considers recent developments in artistic practice involving the use of artificial intelligence as a tool for creativity, and related questions about the application of existing intellectual property law, in which fair use has already emerged as a key point of discussion.

Megan E. Noh, Partner, Pryor Cashman LLP 
Ben Davis, Senior Art Critic, Artnet News
Moderator: Virginia Rutledge, Art Historian/Attorney

Coffee Break 10:45 - 11:00 A.M. EST

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11:00 A.M. - 12:15 P.M. EST

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When Ethics And The Art Lawyer Meet
Like the role of “art advisor,” the role of an “art lawyer” is not defined.  The art lawyer is often called upon to render advice across disciplines in the areas of litigation, corporate transactions, trusts and estates, and tax.  This panel will identify and explore the ethical rules and the ethical risks that should guide art lawyers in their practices.    

Megan L. Brackney, Partner, Kostelanetz, LLP
Michael S. Ross, Principal, Law Office of Michael S. Ross
Moderator: Steven R. Schindler, Partner, Schindler Cohen & Hochman LLP

Art Mobility
Art is transported globally both temporarily and permanently for a number of reasons.  This panel explores the considerations one should address prior to moving art.   The panelists will discuss the shipping logistics, tax issues, regulatory considerations, customs fees, and import and export procedures relating to the movement of art to and from various jurisdiction around the world. 

Mary-Claire Turkington, Deputy General Counsel, EMEA Christie’s
Sirena Maxfield, Operations Manager, Masterpiece International, Ltd.
Moderator: Diana Wierbicki, Partner and Head of Global Art Practice, Withers Worldwide  

Coffee Break 2:30 - 2:45 P.M. EST

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2:45 P.M. - 4:00 P.M. EST

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Hot Topics in Art Law
This panel will cover several current hot topics in art law including the uses (real and potential) of AI in appraising and authenticating art; the latest legal developments in repatriating art and cultural property; and the use and enforceability of resale restrictions in fine art purchase agreements and invoices. In discussing each of these topics, the panelists will examine the legal and practical landscape, pitfalls and best practices.

Amelia K. Brankov, Founder,  Brankov PLLC
Luke Nikas, Partner, Quinn Emanuel Urquhart & Sullivan, LLP
Michael McCullough, Partner, Pearlstein & McCullough LLP
Moderator: Katherine Wilson-Milne, Partner, Schindler Cohen & Hochman LLP

Evening Reception will be held at The Rubin Museum of Art from 4:30 - 6:00 pm located at 150 W 17th St, just east of 7th Avenue.

All Art Law Day attendees are invited to attend and are welcome to stay for their K2 Friday Night event. (More about the K2 event can be found here: https://rubinmuseum.org/events/series/k2-friday-nights)