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Art Law is a term used for an interdisciplinary body of law that has only truly begun to develop in recent decades. Whether your client is an artist, gallery, creditor, private collector, donor, museum or not-for-profit organization, understanding the legal fundamentals that underlie this industry is essential to effective counseling.
In Part One of this Three Part Series, Frankfrut Kurnit Klein & Selz attorneys Amelia Brankov and Anna Kadyshevich introduce attorneys to the basics of structuring and negotiating various art sales contracts, focusing on the relationships among the various players in the art world and the rights they acquire in the transactions they enter into. Upon completion of this course, enjoy Parts Two and Three discussing Art Intellectual Property considerations and recent Art Law developments, respectively.
I. Comprehend the artist-dealer relationship
II. Draft contracts between artists and galleries
III. Digest statutes governing the consignment of art to dealers
IV. Comprehend the fundamentals of art sales
V. Construct a private sale and auction sale agreement
VI. Identify applicable UCC law
Anna Kadyshevich is an associate in the Litigation Group, where she focuses on copyright, trademark, rights of publicity, art law, and First Amendment matters.
Prior to joining Frankfurt Kurnit, Ms. Kadyshevich was a litigation associate with Hogan Lovells US LLP, where she represented clients in matters involving complex commercial litigation, governmental investigations and First Amendment law. Ms. Kadyshevich also spent a year as a Legal Fellow at Volunteer Lawyers for the Arts where she focused on intellectual property counseling for artists and arts organizations. In 2011 she was a recipient of the Volunteer Lawyers for the Arts S. Jeanne Hall Pro Bono Service Award.
Ms. Kadyshevich has guest-lectured on intellectual property and art law at the School of Visual Arts and Fordham Law School. She is the author of “Jurisdiction and Choice of Law for Online Publishers in Europe," Communications Lawyer, American Bar Association (January 2012). She is also a member of the Media Law Resource Center's Newsgathering Committee. Ms. Kadyshevich is admitted to practice in New York state courts and federal courts in the Southern and Eastern Districts of New York.
Amelia K. Brankov is Counsel to the Litigation Group and the Art Group, focusing on commercial dispute resolution, intellectual property law and art law.
Ms. Brankov represents businesses and executives in the advertising, art, entertainment, fashion and media industries, resolving disputes over copyrights, trademarks, motion picture rights, right of publicity claims and false advertising claims. Additionally, she serves as outside general counsel to art galleries, antiquities dealers, art advisors, and conservators.
Ms. Brankov also has extensive experience in financial, corporate and insurance coverage and liability cases.
Ms. Brankov has appeared in federal and state trial and appellate courts around the country. She has also represented clients in mediations and arbitrations nationwide.
Ms. Brankov has authored articles and lectured on a number of dispute resolution and intellectual property topics, including copyright issues, litigation involving visual art, the drafting of arbitration clauses and the use of expert witnesses at trial.
Ms. Brankov is a member of the Committee on Fine Arts of the New York State Bar Association's Entertainment, Arts and Sports Law Section, MLRC's Litigation Committee, and the Acquisitions Committee of the Guggenheim Museum’s Young Collectors Council.
Prior to joining Frankfurt Kurnit, Ms. Brankov was an associate with Skadden, Arps, Slate, Meagher & Flom LLP, where she represented clients in commercial litigation and arbitration. She was also active in pro bono matters and served as lead counsel in a trial where her client obtained political asylum from Cameroon.
Ms. Brankov is admitted to practice in New York and Texas state courts and federal courts in the Southern and Eastern Districts of New York and in the Second Circuit Court of Appeals.
Anna is an excellent orator. She should lecture more on lawline.
Nicely done. Thank you lawline for a presentation by women lawyers. I would like to see more women lawyers in your programs.
Found the section on auctions particularly interesting.
Anna and Amelia were engaging and informative. It was educational and enjoyable.
I was already familiar with UCC Art. 2, but the discussion of NYACA Law was very helpful since I was not familiar with it.
interesting insertions of cases and inclusion of contact info nice touch
Excellent review of art law issues.
Excellent presentation. Very detailed.
Outstanding content & delivery
Good look at the basics.
One of the most interesting Lawline courses I've taken.
Good, but a little dry
Well organized and thorough
Both presenters did a good job in delivering a lot of information effectively.
Excellent detail in presentation,
I found this program very valuable, both as a lawyer and as a painter.
Awesome overview - made a complicated area of law even more interesting with great real world applications thorwn in - great job to both speakers
A good introduction to the subject.
This was one of the most substantive and on-point CLEs I have watched. Thank you!
topical for my practice.
The two presenters knew the law of the art world.
I look forward to watching Part 2 when it is presented.
One of the best I have seen offered by Lawline.
Interesting and enjoyable class. The two ladies are obviously very knowledgeable about the world of Art Law.
These two lawyer presented a great update on Art Law as well as provide useful information to further our knowledge on this topic.
Excellent program - extremely informative. Great presenters.