INTELLECTUAL PROPERTY

The Constitution acknowledges the importance of the arts by allowing artists the exclusive right to their work. This intellectual property interest is most often expressed by Copyrights and Trademarks; other relevant issues include whether a piece was copied illegal, whether a piece was created independently or as a work for hire, or whether a piece can be removed from its original location. Claims under the Visual Artist's Rights Act often fall under the intellectual property umbrella.

(Maryland residents only)

When importing valuable goods and cultural property, owners are required to accurately declare their quantity and value, usually on the CBP Entry Summary Form 7501. Such declarations are often accompanied by import duties (taxes) and, if improperly completed, can result in civil forfeiture and even criminal prosecution. We assist in ensuring the CBP forms are properly completed and the provenance documents are in order for importation. 

Issues related to the purchase, sale, and ownership of artworks. Common issues in the practice of art law include how works of art should be valued, free speech issues, authenticating and dealing with stolen artworks, and a variety of business issues related to the art industry. The creation, sale, and purchase of art can sometimes require legal services in alternative dispute resolution (arbitration and mediation), banking and secured transactions, tax law, and trusts and estates.

(Maryland residents only)