Art Lawyering Bootcamp: Copyright Law

Overview

Center for Art Law’s Art Lawyering Bootcamp: Copyright Law was an in-person, full-day CLE training program aimed at preparing lawyers for working with art market participants and understanding their unique copyright law needs. The bootcamp was led by veteran art law attorneys specializing in copyright law.

This Bootcamp provided participants — attorneys, law students, law graduates and legal professionals — with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants gained a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools.

Bootcamp participants were provided with training materials, including presentation slides and an Art Lawyering Bootcamp handbook.

Art Lawyering Bootcamp participants with CLE tickets received CLE credits upon successful completion of the training modules. Non-CLE ticket holders were observers to the mock consultations.

Instructors’ Bios

Louise Carron

Publishing, Media & Entertainment Attorney at Penguin Random House

Barry Werbin

Barry Werbin is counsel at Herrick, Feinstein LLP and a member of its Intellectual Property and Technology Group. His practice addresses both litigation and transactional matters involving copyrights, trademarks, publicity and privacy rights, false advertising, trade secrets, e-commerce, online marketing, intellectual property due diligence, software licensing and development, website related matters, and computer system data breaches.

Barry is a member and prior Trustee and NY Chapter Co-Chair of the Copyright Society of the USA (CSUSA) and a current member of the CSUSA’s Visual & Fine Arts Subcommittee. Barry was prior Chair of the NYS Bar Association’s Entertainment, Arts & Sports Law Section (Feb. 2020 – Jan. 2022) and is a permanent member of the EASL Executive Committee. Barry also served as Chair of the Copyright & Literary Property Committee of the New York City Bar Association (2010 – 2013). He is currently a member of INTA’s Bulletin Committee and was a prior member of INTA’s Commercialization of Brands Committee and Online Use/Web 2.0 Working Group, which studied brands in social media. Barry Co-Chairs Fordham Law School’s Intellectual Property Alumni Affinity Group and is an Advisory Board Member of the Fordham Art Law Society. Barry lectures on copyright law at St. John’s Law School, and previously at Brooklyn Law School, and has also lectured on Internet law at Parsons School of Design.

Carol Steinberg

Carol J. Steinberg, Esq. is the founder of Carol J. Steinberg Law, a firm specializing in art, copyright, and entertainment law. With over 20 years of experience counseling artists and creatives, she works closely with her clients to protect their creative and financial assets.

She understands the dedication of creatives to their artistic practices, as well as the importance of their continuous professional development. As a passionate advocate for artists’ rights, Carol continuously presents programs on legal issues for creatives both in New York City and on the East End of Long Island.

In addition to working with clients, Carol is a professor at the School of Visual Arts, where she teaches courses on artists’ rights. Additionally, she is a co-chair of the Fine Arts Committee of the State Bar’s Entertainment, Arts, and Sports Law Section and a member of the City Bar’s Art Law Committee, where she chairs the sub-committee on Artists’ Rights.

She is also a consultant to the New York Foundation for the Arts (NYFA) and a member of the East Hampton Arts Council, the Fine Arts Federation, and ALAI (international artists’ rights organization founded by Victor Hugo).

Scott Sholder

Scott J. Sholder, Co-Chair of CDAS’ Litigation group, focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment, media, art, and intellectual property matters. Scott represents and advises clients across various industries in copyright, trademark, trade secrets, right-of-publicity, unfair competition, domain name, and commercial and business disputes, as well as defamation defense. He has appeared in federal and state courts around the country as well as administrative and arbitral tribunals and has handled cases from pre-suit negotiations through trial, post-trial procedures, and appeals. His clients range from major media and entertainment companies and A-list talent to closely held and startup businesses and individuals in need of advice on intellectual property or guidance concerning brewing or existing legal conflicts.

Scott is a skilled advocate and understands the risks, benefits, and practical considerations inherent in intellectual property and media and entertainment legal matters and knows how to make use of available leverage and industry knowledge to reach a favorable conclusion. He utilizes a principled yet practical approach to litigation with an eye toward efficient resolution in line with the client’s business needs and financial realities.

A frequent writer and speaker on issues related to copyright and trademark in the entertainment and digital media space, with a recent focus on generative AI, Scott is a regular contributor to major legal publications and has published several law review articles. He has also authored numerous amicus briefs in the Courts of Appeal and U.S. Supreme Court addressing important and cutting-edge issues in copyright law.

Marc P. Misthal

Marc P. Misthal is a principal attorney at Offit Kurman. There, he leads the firm’s Intellectual Property Practice Group. With a wide range of clients worldwide, Marc provides counsel to businesses spanning diverse industries, including the fashion, apparel, computer technology, hospitality, restaurant, entertainment, jewelry, luxury goods, home goods, furniture, cosmetics, retail and consumer goods industries.

Marc’s experience extends to negotiating license agreements, working with law enforcement to combat counterfeiting, filing and prosecuting trademark applications before the U.S. Patent and Trademark Office and filing applications to register copyrights with the U.S. Copyright Office. Notably, he is an appointed advisory expert at the China National Advisory Center for Overseas Intellectual Property Dispute Settlement, where he has advised on U.S. intellectual property issues.

In addition to his legal practice, Marc has served as an adjunct professor at the Benjamin N. Cardozo School of Law. He authored a noteworthy chapter on trademarks and trade dress, which appears in the Second Edition of Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys. Marc has also contributed to a chapter within the International Anti-Counterfeiting Coalition’s treatise on trademark anti-counterfeiting. His articles have also appeared in the New York Law Journal and Law360.Marc’s work has garnered recognition, leading to quotes on intellectual property issues in media outlets, including The New York Times, Metropolis, Inc., CNBC and others.