Merchandising (reproduction, adaptation, etc) is an important way for museums, collectors, artists, their heirs and, recently, cultural and ethnic communities striving for revenue from artistic creations held and/or managed by them.
This session, co-presented by Venable's Meaghan Hemmings Kent, will analyse the perspectives, limits and regimes of such merchandising, raising specific questions, providing practical guidelines and exploring new perspectives.
- What is protected (is an artistic skating gesture, a montage or a collage protected)?
- Who is protected (may the commercial exploitation of cultural heritage be controlled by the community, the museum, the collector, the gallery, the artist, or their heirs)?
- To what extent is artistic creation protected (remixes, 'mash-ups' of digitalised reproduction, multimedia, compilations, samples)?
- What are the cornerstones and pitfalls (exclusivity, scope, right to alter an artwork, sub-licenses, distribution, etc) in drafting merchandising contracts?
An updating workshop will present, as short segments, the latest breaking news regarding some of the most relevant art law issues (public-private partnership between collectors and museums, provenance, restitution, title in international transactions, etc).