Information & Compliance: Legal Issues for Galleries
No Virtual CLE Credit will be given to those watching the YouTube recording of this event.
As the internet age grows around us, the world of art has also had to adapt and move into the digital plane. The purpose of this CLE program is to explore legal obligations that art businesses in general and galleries in particular have in the increasingly digital world. From enhanced privacy obligations to knowing the sources of funds and identity of clients investing in art, from clear terms and conditions to copyright compliance, members of the art market will learn and review their obligations under federal and state laws to become and remain compliant with the ever-changing and increasingly regulated digital world.
- Tess Bonoli, Esq., Morrison Cohen
- Jana Farmer, Esq., Wilson Elser
- Lawrence Shaw, AAAtraq
- Irina Tarsis, Esq., Artists Rights Society
- Jana Farmer, Esq., Wilson Elser
- Minelli Manoukian, Esq., Center for Art Law
About the Moderators and Panelists:
Tess Bonoli is an Associate at Morrison Cohen LLP, where she focuses on intellectual property, technology, and privacy and data security matters. Tess’s clients range from entrepreneurs and startups to innovative and sophisticated companies across multiple industries including e-commerce, technology, fashion, energy, and investment services. She represents clients in matters concerning intellectual property rights and strategic licensing, art acquisitions, cryptocurrency and digital artwork, trademark prosecution, technology transactions, privacy compliance and data security considerations, and due diligence in each space. Tess is dedicated to facilitating her clients’ business development and creativity, while minimizing risk and liability.
Jana Farmer is a partner at Wilson Elser and represents client interests in connection with design professional matters and architects’ copyright; intellectual property matters involving copyright, sale and transfer of rights in artwork; protection of valuable creative assets; and general commercial disputes. In addition to handling cases before New York state courts, she defends clients in federal courts and in arbitrations and employs mediation to facilitate the cost-effective resolution of disputes. Jana also has experience conducting e-discovery and cross-border discovery in complex cases with large volumes of electronic evidence. Her clientele includes architects and engineers in design professional liability matters, participants in all stages of the creation and transfer of ownership in works of art, and business owners in other intellectual property and general business matters.
Lawrence Shaw is the founder of AAAtraq, a CIMS (Compliance Identification and Management System) geared toward protecting clients from ADA litigation. He has managed the Boeing/RR 777 EMCS, launched an ISP in 1999 and an early e-commerce platform in 2002. Lawrence was integral to EU Compliance (DP) regulation-drafting across five countries, and is a consultant in automated regulatory compliance, risk management and process methodology, representing both Deloitte & IBM. Lawrence has been involved in e-service delivery for Vodafone, eBay, Merck, and Oracle, including the World’s single largest client privacy deployment. A key focus for Lawrence is on helping organisations understand the value of compliance automation in order to protect brand reputation.
Irina Tarsis, Esq. is an art historian and a commercial attorney specializing in art, cultural heritage and nonprofit governance legal issues. Having founded the Center for Art Law, a New York-based nonprofit organization, she has worked with artists, their heirs as well as collectors and students in different arts-related fields, including art market issues, alternative dispute resolution and property rights. She publishes and consults on a range of issues including due diligence, copyright infringement and fair use, artists’ rights, restitution, authenticity and provenance research. She works with creators and curators to assist with legal protections, encourage economic growth and positive social impact. Currently Irina serves on the faculty of the Fashion Institute of Technology and Sotheby’s Institute of Art. Previously, she has taught at Columbia University, Benjamin N. Cardozo School of Law as well as the European Shoah Legacy Institute. Her publications include: “Moral Rights and Droite de Suite,” The Art Law Review (Winter 2021 and Winter 2022) and “20th Century Shadows over the 21st Century Art Field: Title Disputes Arising From the Soviet Nationalization and Sales of Cultural Property” (Oct. 2016).