October 06, 2010

"Merchandising and Art : Limits, Regimes and New Perspectives" at the International Bar Association Conference

This event has already occurred.
Vancouver, BC

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).