On Demand Audio

Copyright Issues Impacting the Art World

(543 reviews)

Produced on April 29, 2019

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$ 89 Intellectual Property, Copyright, and Art In Stock
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Course Information

Time 64 minutes
Difficulty Intermediate

Course Description

This program will provide an overview of core legal principles and recent developments at the intersection of copyright and art, including discussions of current “hot” issues involving fair use, appropriation art, street art, the Visual Artists Rights Act (VARA), the first sale doctrine and art resales.

Learning Objectives:

  1. Review US Copyright Act provisions relevant to art, including originality, creation of derivative works, displays and re-sales
  2. Explore the applicability of the fair use defense to appropriation art, including an analysis of the Second Circuit’s controversial opinion in Cariou v. Prince
  3. Discuss VARA as applicable to street art, including a focus on the 2018 seminal “5Pointz” decision Cohen v. G&M Realty, currently on appeal to the Second  Circuit
  4. Address the first sale doctrine and the right of reproduction of art images for auction house and gallery sale and promotional uses
  5. Advise clients on the state and future of art resale royalties

Credit Information

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Barry Werbin

Herrick Feinstein LLP

Barry Werbin is counsel at Herrick, Feinstein LLP and a member of its Intellectual Property and Art Law  Groups. Barry concentrates his practice in intellectual property and online issues (including copyrights,  trademarks, trade dress, unfair competition, false advertising, publicity and privacy rights, trade secrets, domain name disputes, digital rights protection, trademark and content licensing, online contracting, marketing and sponsorship agreements, publishing, due diligence and exploitation rights) and technology (including software licensing and development, SaaS agreements, IT support, web-site development and hosting, and data and computer security breaches). Barry handles infringement and other complex commercial litigation and a broad variety of IP-related transactional matters.

Barry is Co-Chair of the New York Chapter of the Copyright Society of the USA, and was Chair of the Copyright & Literary Property Committee of the New York City Bar Association 2010-2013.  Barry serves as Co-Chair of the NY State Bar Association EASL Section's Publicity, Privacy and Media Committee, and is a member of the EASL Executive Committee.  Barry is a member of the INTA's Bulletin Committee.  Barry lectures on copyright law at St. John's Law School and Brooklyn Law School, and is a member of the Fordham Art Law Society Alumni Advisory Committee.

From 2013 through 2018, Barry was recognized as a top intellectual property litigation lawyer by Thompson Reuters' Super Lawyers, which rates outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.


Lisa C.

Well done.

Eileen S.

Very well presented.

Lisa W.

Favorite Lawline course so far. Fantastic presentation.

Kay R.

very interesting and informative and well presented

craig t.

Great CLE!

Burton G.

Great preparation and presentation

Henry G.

Great course and speaker, with excellent examples.

Marsha S. B.

First rate presentation and course materials. Would be interested in an update when the speaker is ready.

Sonya D.

Very rich content. The course delivered a great deal of information in a short period of time!

Bikash R.

One of the best organized and informative CLEs I have taken. Consider offering one on Berne Convention Litigation in the US.

Melissa A.

Excellent CLE. Very knowledgeable speaker. Covered relevant subjects in depth with helpful examples. Well done!


Best course I've seen in a while.

Edward P.

A very interesting course.

Jennifer W.

Very informative and well-given presentation!

Melvyn L.

Excellent materials, presentation and perfect timing so that there was not a second of lost time. Perfect in all respects.

Scott R.

Nice refresher

Matthew M.

Excellent. Well organized. Informative and indeed entertaining.

Jeffrey B.

Excellent speaker.

Maria B.

Great examples, nice pace and very comprehensive course.

James A.

Enjoyable. Good use of visual aids.

Suzanne V.

Excellent presentation! Concise with much information. Highly recommended!

Stephen B.

Speaker was very knowledgeable. Great presentation!

Phillip C.

Interesting examples used

Larry S.

Excellent course well presented.

Dena R.


James T.

Best I have seen on site. Extraordinary

Stuart R.

Excellent summary of transformative use!

Peter O.

Excellent presenter and content!

Joanne A.

Good intro to copyright law and discussion of contemporary issues

Mark V.

Very engaging class. Great substance and materials.

Walter F.

Very good presenter, quality presentation and materials. Thank you.

Edward M.

interesting update

Michaella L.

Very interesting topic. Even though I don't practice in this area it is interesting to learn about.

William S.

Excellent presentation. Thank you.

Ashley H.

Great content!

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