Buck for Your Art: Legal Tools For Turning Art Into Profit

IP lawyers discuss the ways to ensure that artists get fair value for their creations and brands.

While creators are embodying their visions into art and after the works are fixed and can be admired or traded in the art market, how can copyright holders and creators gain economic benefit from their creations? In the US, moral rights alone do not offer sufficient opportunities to continue sharing in monetary appreciation of art once it leaves the studio. This discussion will cover business and legal considerations to utilize intellectual creations.

Presentations by attorneys Jana S. Farmer, Partner and Chair of the Art Law Practice at Wilson Elser, and Gregory Pan, Head of Legal Affairs at (RED), will focus on the ways to ensure that artists get fair value for their creations and brand, from sales, consignments, and licensing in the traditional and digital marketplaces, moderated by Irina Tarsis, Founder and Managing Director of the Center for Art Law.

Jana S. Farmer represents client interests in connection with matters involving copyright, sale and transfer of rights in artworks; protection of valuable creative assets; and general commercial disputes and transactional matters. Jana provides reliable legal counsel to virtually all participants in the creation, licensing, sale, lending, gifting, merchandising and display of art. Frequently working cross-practice with Wilson Elser’s attorneys specializing in other areas such as trusts and estates, taxation and bankruptcy, she represents artists, collectors and buyers, sellers, insurers, gallerists, dealers and consultants. A key contributor to the expansion of the firm’s Art Law practice, Jana is familiar with applicable statutes and codes and skilled at safeguarding and protecting valuable creative assets. She is a member of the Board of Advisors for the Center for Art Law and an active member of the New York State Bar Association’s Entertainment Arts and Sports Section and its Fine Art Committee. Jana publishes articles and presents on art law topics and provides pro bono services for Volunteer Lawyers for the Arts, which offers free legal counseling to low-income artists in New York City.

Gregory Pan is currently the head of legal and business affairs of (RED), and is also a principal at Pan Consulting Associates LLC, a brand licensing consulting group. (RED) is a non-profit organization formed by Bono of U2 to engage the corporate sector to create products and services to generate proceeds to end AIDS in our lifetime. At Pan Consulting Associates LLC, Greg uses his extensive experience in the licensing world to help licensees and manufacturers find new ways to grow their brands and to negotiate favorable licensing agreements with their brand licensors. Prior to these roles, Greg was Principal Counsel at Marvel Entertainment and was part of the Legal and Business Affairs group for nearly twelve years. While at Marvel, Greg oversaw all licensing contract negotiations and was the lead attorney within Marvel’s consumer products group, film co-promotions, and all live entertainment and theme parks business.

Course Materials